Quitting your job involves more than just handing in your resignation and walking out the door. In Austria, there’s usually a required notice period after resigning, and it’s important to know exactly how it affects you.
So, if you're thinking about leaving your job or have recently resigned, here’s what you need to keep in mind.
What exactly is a notice period?
Simply put, your notice period is the time between officially telling your employer you're quitting and your last working day. So, your "last working day" is not the day you give your resignation - it’s the day your employment officially ends.
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In Austria, notice periods are usually set out clearly in your employment contract or a collective agreement. If not specified, the general legal rule is one month, ending on the last day of the month, according to the AMS website.
For example, if you want your employment to end on July 31st and your notice period is three months, you'll need to inform your employer by April 30th at the latest.
What if your employer ends your contract?
If your employer terminates your contract, notice periods depend on how long you've been working there. Here's a quick breakdown:
- 1st and 2nd year: 6 weeks
- From the 3rd year: 2 months
- From the 6th year: 3 months
- From the 16th year: 4 months
- From the 26th year: 5 months
In these situations, you have more rights than if you quit, including entitlement to holiday bonuses, paid days to search for new employment, immediate unemployment benefits, and continued health insurance for a limited time.
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What happens if I leave without working my notice period?
Leaving your job without completing your notice period can cause problems if you don't agree with your employer beforehand.
Known as "early resignation" (Vorzeitiger Austritt) leaving immediately without valid reasons - like unpaid wages or unsafe working conditions - can lead to loss of severance pay, bonuses, and even legal complications. It’s usually best to fulfil your notice period unless you have strong reasons to leave immediately. Even so, check your situation with AMS or organisations such as the Chamber of Labour (AK).
Are there other ways to end my employment sooner?
Yes. Besides normal resignation and termination by your employer, Austria recognises special situations:
- Dismissal without notice (Entlassung): Your employer can terminate you immediately without notice if there's a serious breach of your employment terms. This could have significant financial consequences.
- Mutual termination (Einvernehmliche Kündigung): If both you and your employer agree, you can end the employment contract immediately without observing a notice period. This option can help you avoid the usual four-week waiting period before receiving unemployment benefits.
Are there disadvantages if I quit voluntarily?
Yes, voluntarily quitting can come with drawbacks. You won’t be entitled to paid job search days and you'll have to wait four weeks before receiving unemployment benefits. Also, if your employment began before January 1st, 2003, quitting could mean losing certain severance entitlements.
However, you will still get your proportional holiday and Christmas bonuses and maintain health insurance coverage, provided you register promptly as unemployed.
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