European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
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If the employer wants to dismiss, within a 30 day period,:
the employer must inform the regional office of the Austrian public employment service (AMS) in writing at least 30 days before the first planned dismissals.
The notification must include:
The employer also has to prove that the works council has been informed and consulted. If there is no works council in the company, a copy of the notification to the public employment service has to be submitted to all potentially affected workers.
The public employment service has to start consultations with the employer, the works council, trade unions and employers' organisations and inform the social assistance office. If needed, also experts could be involved. The consultation should consider the optimal use of public support, particularly as regards older workers.
If the employer provides a sound justification (for example, establishment of a social plan or economic necessity), the public employment service can also authorise the dismissals before the 30 day period.
Collective agreements can prolong the notice period of 30 days.
Eurofound (2015), Austria: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/austria
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