- Phase
- Labour Constitution Act (ArbVG); Employees Act (AngG); General Civil Code (ABGB)
- Native name
- Arbeitsverfassungsgesetz (ArbVG); Angestelltengesetz (AngG); Allgemeines Bürgerliches Gesetzbuch (ABGB)
- Type
- Effects of non-compliance with dismissal regulations
- Added to database
- 08 May 2015
Article
105 (ArbVG); 29 (AngG); 1162b (ABGB)
Description
Upon the request of employees, works council or employee representatives are entitled to apply to the court within one week after having been notified of a (collective) dismissal and objected to it (e.g. in cases were the employer did not inform the works council before dismissals, unfair dismissals on social grounds, membership in trade union etc.). Employees can also challenge the dismissal at court themselves within two weeks after after having been informed, regardless of whether the works council has objected to or approved the dismissal ([§ 105 ArbVG]). The legal challenge of a dismissal at court on the grounds of the dismissal being 'socially unjustified' is not possible after the works council has approved the dismissal (§ 105 (6)).
If the employer dismisses a white collar worker ([§ 29 AngG]) without a valid reason, the worker is entitled to all wages s/he would have received up to the initially agreed end of the employment relationship or under consideration of the correct application of the notice period.
If an employer fails to provide the works council with relevant information in the case of redundancies the dismissal is legally invalid.
Citation
Eurofound (2015), Austria: Effects of non-compliance with dismissal regulations, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/effects-of-non-compliance-with-dismissal-regulations/austria