Allgemeines Bürgerliches Gesetzbuch (ABGB); Angestelltengesetz (AngG)
General Civil Code (ABGB); Employees Act (AngG)
Makale
Açıklama
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.
Yorumlar
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 onlyThresholds
Kaynaklar
- DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
- Ius Laboris (2011), Individual Dismissals Across Europe, Brussels
- Allgemeines Bürgerliches Gesetzbuch § 1160
- Angestelltengesetz § 22
- Wirtschaftskammer Österreich (Austrian Federal Economic Chamber) - Anspruch auf Postensuche
- Arbeiterkammer Österreich (Austrian Federal Chamber of Labour) - Kündigung durch den Arbeitgeber
- Austrian Supreme Court judgement 2012 (OGH Urteil)
- Collective agreement for the metall and iron processing industry 2017 (blue collar workers)
- Collective agreement for the hotel and catering industry 2016 (blue collar workers)
Eurofound welcomes feedback and updates on this regulation
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