EMCC European Monitoring Centre on Change

Austria: Definition of collective dismissal

Austria
Phase: Management
Type:
Definition of collective dismissal
Last modified: 23 April, 2019
Оригинални назив:

Arbeitsmarktförderungsgesetz (AMFG)

Енглески назив:

Labour Market Promotion Act (AMFG)

Article

45a

Description

The definition of collective dismissals covers employers with more than 20 employees, who dismiss, or make redundant, at least 5 persons within 30 days.

Employers are obliged to notify the Austrian public employment service (AMS) if they intend to dismiss (AMFG, §45a):

  • at least 5 employees in companies with 21–99 employees,
  • at least 5% of the workforce in companies with between 100 and 600 employees,
  • at least 30 employees in companies with more than 600 employees,
  • at least 5 employees aged 50+, irrespective of company size,

within 30 days. The notification to the AMS has to be submitted at least 30 days before the first dismissal. Similarly, employers are also required to notify their workforce and the affected employees of redundancies at least 30 days before the planned first dismissals.

In the notification notice to the AMS employers are not required to justify the redundancies. However, the employer has to indicate the grounds for dismissal and prove that the works council has been informed and consulted. Additionally, information on accompanying social support measures for affected workers are required to be included in the notice.

Comments

The statutory notification deadline of 30 days can be extended by collective agreements. In practice, the collective agreements of major industries in Austria are limited to a recommendation to inform employees and the AMS as soon as possible (e.g. collective agreement for the food-manufacturing and beverage industries, the chemical industry, iron and metal goods industry).

The notification notice is also necessary in cases of insolvency.

Cost covered by
Not applicable
Involved actors other than national government
  • Public employment service
  • Works council
Thresholds
21
5
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