Resigning From a Job in Austria: Notice, Abfertigung and the AMS Sperre

Resigning from a job in Austria is straightforward on paper, one month's notice to the end of a calendar month. What catches employees off guard is what resignation does to two things that most workers only think about when they leave: the Abfertigung and the Arbeitslosengeld waiting period. Both can turn a routine resignation into a costly decision if the employee has not checked which rules apply first.

This page covers how an employee gives notice under § 20 Abs 4 AngG, what a Selbstkündigung costs under the Abfertigung ALT and Abfertigung NEU systems, the four week Sperre on Arbeitslosengeld, and when an einvernehmliche Auflösung is the better route out of a job.

Information last verified on 22 July 2026. This page provides general legal information about Austrian law and does not constitute legal advice in an individual case.

How to Resign: the § 20 Abs 4 AngG Notice Period

An employee who wants to end a job in Austria gives notice under § 20 Abs 4 AngG. The default rule is one month, running to the last day of a calendar month. There is no calendar quarter requirement on the employee's side, unlike the employer's default notice under § 20 Abs 2 AngG.

That one month period can be lengthened by written agreement, up to a ceiling of six months. Some employment contracts, particularly at a senior level, set a longer employee notice period from the start. The one limit that always applies is that an employee's agreed notice period can never be longer than the employer's own notice period for the same relationship.

Consider an Angestellte with six completed years of service whose contract sets no special notice terms. She hands in her resignation on 12 August. Her one month notice runs to the end of the calendar month it falls in, so her last working day becomes 30 September, the last day of the month one full month after her notice.

Since 1 October 2021, blue collar Arbeiter follow the identical scale under § 1159 ABGB, so the one month, month end rule applies the same way regardless of whether the employee is an Angestellte or an Arbeiter, with a narrow carve out for seasonal industries operating under a Kollektivvertrag.

A resignation does not need the employer's acceptance to take effect. It is a unilateral declaration that becomes binding once it reaches the employer. What remains open to negotiation is only the practical arrangement around the exit, for example whether both sides prefer to convert the resignation into an einvernehmliche Auflösung instead.

What Resignation Costs You: Abfertigung

Austria runs two parallel Abfertigung systems, and a resignation affects each one very differently. Getting this backwards is the single most costly mistake an employee can make when planning an exit.

Abfertigung ALT: Forfeited on Resignation

Abfertigung ALT applies only to unbroken employment that began before 1 January 2003. Under § 23 Abs 1 AngG, an employee with at least three years of unbroken service is entitled to a lump sum ranging from two months of final Entgelt at three years up to twelve months of final Entgelt at twenty five years.

§ 23 Abs 7 AngG removes that entire claim if the employee is the one who gives notice, subject to narrow exceptions in § 23a such as retirement or certain long service and parental situations. This means an employee with, say, twelve years of pre-2003 service who resigns walks away from a lump sum worth four months of pay, unless one of those exceptions applies. This is the highest stakes fact on this page, and it is easy to get wrong in either direction.

Abfertigung NEU: Kept, Not Forfeited

Abfertigung NEU applies to any employment relationship whose contractually agreed start falls after 31 December 2002. Under § 6 Abs 1 BMSVG, the employer pays a running contribution of 1.53 percent of monthly Entgelt plus Sonderzahlungen into a BV-Kasse account that belongs to the employee, aside from the first month, which is contribution free.

Under § 14 Abs 1 BMSVG, the claim against the BV-Kasse exists from day one. Resigning does not forfeit a single euro of what has already been paid in. What § 14 Abs 2 Z 1 BMSVG changes is only the right to have the balance paid out at that particular job's end. Contribution months are aggregated across every employer the worker has had, so the balance simply carries forward to the next job once three Einzahlungsjahre or 36 Beitragsmonate are reached, counted across the whole career rather than reset by a change of employer.

The practical result: an employee entirely under Abfertigung NEU loses nothing of substance by resigning, only some flexibility about timing. An employee still holding a pre-2003 Abfertigung ALT claim loses the whole lump sum by resigning, unless an exception in § 23a applies.

What Resignation Costs You: the Arbeitslosengeld Sperre

The second cost of resigning sits with the Arbeitsmarktservice, not the employer. Under § 11 Abs 1 AlVG, an employee whose Dienstverhältnis ends through their own fault or through a voluntary Selbstkündigung is excluded from Arbeitslosengeld for four weeks, counted from the day the job ends.

§ 11 Abs 2 AlVG allows the AMS to waive this exclusion in whole or in part in berücksichtigungswürdigen Fällen, for example where compelling health reasons are involved, after hearing the Regionalbeirat. Outside of that narrow route, the four week gap applies automatically to a straightforward resignation.

Say an employee resigns effective 30 September with no job lined up to start immediately. If she registers with the AMS on 1 October, the four week Sperre runs from the day her job ended, so no Arbeitslosengeld is paid for roughly the first four weeks of that gap, even though she has otherwise met the general Anspruchsvoraussetzungen around insured months and availability.

When an Einvernehmliche Auflösung Is Better

§ 11 AlVG penalises a Dienstverhältnis ended through the employee's own fault or a voluntary Selbstkündigung. A mutual termination, an einvernehmliche Auflösung agreed jointly with the employer, is neither of those things, so it falls outside the Sperre. The Arbeiterkammer states plainly that a claimant meeting the general Anspruchsvoraussetzungen has a claim to Arbeitslosengeld following an einvernehmliche Auflösung.

An einvernehmliche Auflösung also does not require either side to observe a fixed notice period or a particular termination date. The parties simply agree on an end date that suits both of them, which can make it faster to arrange than a formal resignation in some cases.

This is why an employee who wants to leave, and who either still holds a pre-2003 Abfertigung ALT claim or expects to need Arbeitslosengeld during a gap before the next job, is often better served asking the employer to agree to an einvernehmliche Auflösung rather than unilaterally resigning. The employer has no obligation to agree, since it takes both sides to make a termination mutual, but many employers will accept the request when the parting is otherwise amicable.

The general Anspruchsvoraussetzungen for Arbeitslosengeld, such as sufficient insured months and registering as available for work, still apply regardless of how the job ended. Avoiding the Sperre through a mutual termination is not the same as an automatic benefit, and an employee should also check whether any special protection period, for example around pregnancy or parental leave, changes what formalities are needed before assuming a mutual termination is available.

For the full employer and employee notice scale, including the calendar quarter rule that applies to employer notice, see notice periods in Austria. For how a mutually agreed exit works in more detail, see mutual termination in Austria. For the full Abfertigung ALT and NEU rules across every type of exit, not only resignation, see severance pay in Austria.

Frequently Asked Questions

How much notice do I have to give if I resign in Austria?

Under § 20 Abs 4 AngG, an employee gives one month's notice, ending on the last day of a calendar month. The contract can extend that up to six months, but the employee's notice period can never be longer than the employer's.

Do I lose my Abfertigung if I quit my job?

It depends which system applies. Under Abfertigung ALT, resigning forfeits the claim entirely under § 23 Abs 7 AngG, apart from narrow exceptions in § 23a. Under Abfertigung NEU, the contributions already paid into the BV-Kasse are never lost. They stay in the account and carry over to the next employer.

What is the difference between Abfertigung ALT and Abfertigung NEU when I resign?

ALT only applies to unbroken service that began before 1 January 2003, and a resignation wipes out that entire lump sum claim. NEU applies to relationships that started from 2003 onward, and resignation only defers when the money can be paid out. It does not forfeit the contributions themselves.

Will I get Arbeitslosengeld right away if I resign?

Usually not immediately. § 11 Abs 1 AlVG imposes a four week exclusion from Arbeitslosengeld when an employee voluntarily ends the employment relationship, counted from the date the job ends. The AMS can waive this in limited circumstances after hearing the Regionalbeirat.

Is it better to resign or agree to an einvernehmliche Auflösung?

An einvernehmliche Auflösung, a mutually agreed termination, does not fall under the self-resignation clause in § 11 AlVG, so it does not carry the same four week Sperre. It also does not require either side to observe a fixed notice period or termination date. Many employees who want to leave ask their employer to agree to this route instead of unilaterally resigning.

Can my employer refuse to accept my resignation?

No. A resignation is a unilateral declaration under § 20 Abs 4 AngG once it reaches the employer, and it does not need the employer's agreement to take effect. What can be negotiated is the exact end date, if both sides prefer a different arrangement such as an einvernehmliche Auflösung.

Does resigning affect Arbeitslosengeld if I already have a new job lined up?

The four week Sperre under § 11 AlVG applies regardless of whether the employee expects to need benefits, since it attaches to how the relationship ended. It only matters in practice if there is a gap before the next job starts and the employee needs to draw Arbeitslosengeld during that gap.

What happens to unused Abfertigung NEU contributions if I never reach three years with one employer?

Nothing is lost. § 14 Abs 2 BMSVG aggregates contribution months across every employer a worker has had, so a resignation before reaching three Einzahlungsjahre or 36 Beitragsmonate simply carries the balance forward rather than resetting or forfeiting it.