Involved termination shortly before Christmas: A Vorarlberg defends itself!

Involved termination shortly before Christmas: A Vorarlberg defends itself!

A 62-year-old employee from Vorarlberg experienced an unexpected turn in his professional career when he fluttered the termination into the house shortly before Christmas. The news came particularly surprisingly because he was about to retire. After receiving the termination, he immediately turned to the Chamber of Labor (AK) Vorarlberg to seek legal support.

The AK checked the case and found that the employer had applied the wrong notice period, which classified the termination as socially illegal. This is relevant, because in Austria, dismissals can be challenged if employees of at a age, with long service or impending unemployment are particularly affected. AK working law expert Michael Thurnher explained that older workers in such cases have good chances of taking a notice of termination, especially if there are no valid economic or personal reasons.

intervention of the Chamber of Labor

At the request of the 62-year-old, the AK contacted his employer. As a result, the employer steered, the termination was withdrawn and the employee can keep his job. This situation throws a light on the difficulties that older workers face in today's working world. AK President Bernhard Heinzle criticized the original termination as outrageous, especially in the run-up to Christmas and shortly before the person's pension.

older workers in Austria are subject to special labor law regulations that should protect them from unjustified dismissals. Nevertheless, there is no clear legal age limit, from when employees are considered "older". In practice, the age of 50 or sometimes 45 years is often used as a benchmark. While older workers do not enjoy any special protection against dismissal such as works council members or parents in parent -time, they still have a stronger general protection against dismissal.

protection against dismissal and social responsibility

dismissals from older workers must be carefully considered because they can cause high costs for employers. In particular, long employment times and the expected longer unemployment should be taken into account when assessing social illegality. A termination solely due to age is not permitted and can lead to obligations to compensation for the employer. It remains unclear to what extent the existing regulations actually promote the employment and employment of older workers.

In this context, it is important that employers also check alternative employment opportunities before they issue a termination. A mutual resolution of the employment relationship could be a less risky alternative that benefits from both sides. Employers should also document objective and substantial reasons for termination in order to avoid legal consequences.

Overall, this case makes it clear how important it is to know and protect the rights of older workers. The case of the 62-year-old employee shows that timely intervention by the Chamber of Labor can be decisive to help in unjustified termination cases.