Service technician loses salary after termination of the contract - AK helps!

Service technician loses salary after termination of the contract - AK helps!

A service technician in the Freistadt district, Upper Austria, was recently confronted with a surprising salary shortening after agreed to have a mutually acceptable termination of contract. According to a report by 5min.at suddenly received 188 euros less salary than he was condition. In order to check this billing, he was advised by the Chamber of Labor (AK).

The review showed that the final bill was incorrect with the shortened fee. The intervention of the AK was able to receive an additional payment of 536 euros, which secured the reimbursement of the amount he was entitled to.

mutual resolution of the employment relationship

The mutually agreed termination of an employment relationship is a procedure in which employers and employees agree to end the employment relationship at a certain point in time. According to information from Arbeiterkammer.at , no specific deadlines or appointments are required, since the consent of both parties is voluntary. These resolutions can be carried out both verbally and in writing, whereby a written agreement is recommended in the interest of the evidence.

It is important that the will of both parties to terminate the employment relationship is clearly recognizable. In companies with a chosen works council, it is advisable to include it in the process; Here, the mutually acceptable solution must only be valid after two working days. This period begins on the day of the consultation request and ends at midnight. Invalid agreements within this period must be asserted in writing within a week, in court within three months.

legal situation and claims

particularly worthy of protecting, such as expectant mothers, must make sure that the mutual resolution is made in writing and that they are informed about their dismissal protection. The same applies to presence and civil servants as well as apprentices, whereby the consent of the parents is also necessary for minor apprentices, as wko.at explained.

The claims for termination of an employment relationship, be it through termination or mutual resolution, include the salary by the end of the employment relationship, proportionate special payments, holiday replacement benefits and, if necessary, handling according to old law. In the case of an amicable resolution, however, there are special regulations regarding the termination claims that need to be observed.

For employees, it can be advantageous to get comprehensive advice before a mutual resolution in order to avoid financial losses as in the case of the service technician.