TERMINATION OF THE EMPLOYMENT RELATIONSHIP

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AUSTRIA
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.


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.