Termination of Employment Contract: Germany vs. Austria

The termination of an employment contract is a crucial aspect of labor law in Germany and Austria. Understanding the differences in legal regulations can be significant for both employees and employers, especially regarding notice periods, formal requirements, and severance pay. A comprehensive understanding of these differences helps avoid legal pitfalls.

Comparison at a Glance

Criterion 🇩🇪 Germany 🇦🇹 Austria
Notice Period 4 weeks (BGB §622) 1 month (AngG §20)
Probation Period Max. 6 months, 2 weeks notice Max. 1 month, 1 week notice
Form Requirement Written (§623 BGB) No specific form required
Severance Pay No statutory regulation Severance after 6 months
Special Protection Against Dismissal Pregnant women, disabled persons Pregnant women, parental leave
Reasons for Termination Important reason required Important reason required
Extension of Notice Period Based on employment duration Yes, after 5 years

Key Differences

A significant difference between Germany and Austria lies in the notice period. In Germany, the statutory notice period is typically four weeks, while in Austria, it is one month. This can be crucial for employees looking for new employment quickly.

Another important point is the form of termination. In Germany, a written termination is mandatory, while in Austria, no specific form is required. This can simplify the termination process in Austria.

Relevant templates on DokBrief: