EMCC European Monitoring Centre on Change

Austria: Time off for job search

Austria
Phase: Management
Type:
Time off for job search
Last modified: 16 May, 2019
Native name:

Allgemeines Bürgerliches Gesetzbuch (ABGB); Angestelltengesetz (AngG)

English name:

General Civil Code (ABGB); Employees Act (AngG)

Article

1160 (ABGB); 22 (AngG)

Description

In case of redundancy, every employee is entitled to make use of time off for job search (this is not applicable when employees themselves terminate a contract). Employees can demand at least one fifth of their weekly working time off during the notice period (Kündigungsfrist, for details also see: 'Notice periods to employees'), without reduction of income. Time off does not have to be dedicated to job search. The employee is entitled to this, even if s/he has already found a new job.

Comments

Collective agreements can determine the extent, timing and preconditions for the entitlement to time off for job search. The extent varies considerably across collective agreements. Collective agreements can also foresee that the time off should exclusively be dedicated to job search. Some collective agreements (e.g. metal and iron processing industry, hotel and catering industry) also grant employees the right to take time off for job search in cases when employees themselves terminate the contract.

The timing of the time off has to be agreed upon with the employer.

According to a judgement of the Austrian Supreme Court (2012) dismissed employees are not entitled to additional time off for job search in cases where s/he is already consuming paid leave during the period of notice (Kündigungsfrist).

Cost covered by
  • Employer
Involved actors other than national government
National goverment only
Thresholds
No, applicable in all circumstances
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