Termination vs. early termination
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Why is trust-based working time so controversial? In this blog, we will tell you what trust-based working hours really mean, what opportunities and risks they entail and which legal regulations employees and employers must observe.
Types of termination at a glance
Whether you are an employer or an employee, almost everyone comes to a point in their career when they have to deal with the termination of an employment relationship. In this blog post, we would like to inform you in particular about the Termination and about the Premature termination for good cause inform.
In principle, an employment relationship can be terminated by both parties, i.e. the employer and the employee. Depending on whether it is a fixed-term or permanent employment relationship, different types of termination are possible.
Termination
In principle, notice of termination is only possible for permanent employment relationships. For a notice of termination to be effective, it must be received by the other party. This means that it is in need of receipt. However, the termination is No formal requirements bound. It may be terminated at any time without good cause.
Both parties can terminate the employment relationship at any time in compliance with the notice periods and dates terminate. The notice periods and notice dates for employees in the § 20 AngG and for workers in the § 1159 ABGB (with 01.01.2021) is regulated.
In the event of a termination in breach of the notice period or deadline, the employment relationship is terminated at the time intended by the terminating party. Under certain circumstances, however, claims for damages may be triggered.
However, the general, individual and special protection against dismissal must always be observed.
Early termination for good cause
Irrespective of the fixed term of the employment relationship, it can be terminated prematurely at any time for good cause. This means that an further existence of the employment relationship is unreasonabler would be. Termination must therefore take place immediately after notification. Premature termination is also Needs to be received and free of form.
Dismissal
If the employment relationship on the part of the employer is terminated prematurely, this is referred to as dismissal. The prerequisite for this is the existence of good cause. The reasons are listed in § 27 AngG, § 82 GewO and § 1162 ABGB regulated.
The employment relationship is terminated immediately upon dismissal, regardless of whether the dismissal is justified at all. In the event of dismissal due to the employee's fault, the employee loses their severance pay entitlement ALT, excess vacation must be reimbursed and training costs can also be reimbursed.
Unjustified dismissal, on the other hand, can trigger claims for damages.
In the event of a termination in breach of the notice period or deadline, the employment relationship is terminated at the time intended by the terminating party. Under certain circumstances, however, claims for damages may be triggered.
However, the general, individual and special protection against dismissal must always be observed.
Early exit
Premature termination on the part of the employee is referred to as early withdrawal. The reasons are § 26 AngG, § 82a GewO and § 1162 ABGB regulated. Here, too, termination is immediate. If the termination is unauthorized, the employee loses the severance payment entitlement ALT and the pro rata leave entitlement for the current year. In addition, excess vacation must be reimbursed.
If the early resignation was the fault of the employer, claims for damages may be triggered under certain circumstances.
