Discharge according to the notice period: 10,000 euros in payment!

Discharge according to the notice period: 10,000 euros in payment!

In a current case in the electronics industry, a recently released employee received an additional payment of almost 10,000 euros after his employer had disregarded the contractually defined notice periods. The termination of the employment relationship was only possible at the end of the quarter, which the company obviously did not pay attention to. This incident shows how important it is to comply with the legal framework for terminations in order to avoid legal consequences. According to [Kosmo] (https://www.kosmo.at/firma-kuendigt-mi employee- and-muss-jetz-10-000-euro figures/), a spokesman for the Chamber of Labor confirmed that the error was initially not aware of the company. The employer only recognized his mistake after the threat of judicial steps and the compensation due was paid.

The Chamber of Labor intervened and confronted the company after the employee had submitted his case for the exam. This intervention is an example of the role of the Chamber of Labor in the enforcement of labor law provisions, which are often disregarded by employers. Especially in cases in which terminations are not correctly carried out correctly, the employees concerned can build on support.

notice periods and their importance

An important aspect of the termination are the notice periods that depend on the duration of the service. According to an overview of the [Workers' Chamber] (https://www.werkerskammer.at/neue-kuendungsmessen-fuer worker), the notice periods for employer announcements are regulated as follows:

• 1. and 2nd year of service: 6 weeks
• from 3rd year of service: 2 months
• from 6th year of service: 3 months
• from 16th year of service: 4 months
• from 26th year of service: 5 months

In addition, there are specific termination dates that an employer must adhere to how the termination at the end of the quarter on March 31, June 30, September 31 or December 31. In many cases, it is advisable to ask for advice to the works council before a mutual dissolution of the employment relationships in order to avoid possible disadvantages.

Legal framework for terminations

The legal framework for terminations are complex and not only include the notice periods, but also special protection regulations. According to Verdi, termination during long-term illness is only possible under certain conditions. These legal provisions include compliance with the General Disregard Protection Act, which, among other things, protects certain groups such as pregnant women or works council members.

When examining the admissibility of termination, a negative health forecast is taken into account, which states that further illnesses can be expected in the next 24 months. Other factors that flow into the consideration are the essential impairments of operational interests and a balancing of interests, into the personal circumstances of the employee. This shows the complexity of the topic and the need for employees to seek support in good time in the event of termination.