TERMINATION OF THE EMPLOYMENT RELATIONSHIP
|TERMINATION OF THE EMPLOYMENT RELATIONSHIP
BEENDIGUNG DES ARBEITSVERHÄLTNISSES
Under Austrian law, the ways in which a fixed-term employment contract comes to an end include the passage of time (expiry of its term), cancellation by mutual agreement, or unilateral cancellation without notice by either party for a substantial reason (see resignation without notice, summary dismissal). It also ends on the death of the employee and, in certain circumstances, on the death of the employer. Both legal opinion and case-law take the view that the parties to a fixed-term contract may agree that unilateral termination with notice by either employee or employer also ends the relationship.
In the case of an employment contract of unspecified duration, on the other hand, unilateral termination with notice by either the employer or the employee is the general rule (for the preconditions of its validity, see protection against dismissal). Other grounds include cancellation by mutual agreement, the death of the employee (and, in certain circumstances, the death of the employer) and unilateral cancellation without notice by either party, i.e. summary dismissal or resignation without notice, for a substantial reason.