The notice period depends on the length of service with the respective employer. As a general rule, the statutory minimum notice periods (unless otherwise determined by a collective bargaining agreement, employer's by-laws or an individual employment contract) are:
- in case of unsuccessful completion of a trial period: seven days;
- in case of ordinary termination by the employee:
- 15 days for employees with less than one year of service and
- 30 days for employees with more than one year of service;
- due to ordinary termination by the employer due to business reasons or incapacity:
- 15 days for employees with less than one year of service;
- 30 days for employees with more than one year of service; and
- for employees with two or more years of service, the 30-day notice period increases for two days for each year of employment with the employer but cannot exceed 60 days. For employees with 25 years or more years of service, the notice period is 80 days, unless otherwise provided by a collective bargaining agreement.
If the employment contract is terminated due to employee fault, okthe statutory notice period is 15 days.
Extraordinary termination: there is no notice period.
Bankruptcy, liquidation proceeding, winding down of the employer or a compulsory settlement.
In a bankruptcy procedure, the bankruptcy administrator may terminate employment contracts of employees who have become redundant due to initiation of the bankruptcy procedure with a 15-day notice period.
In case of winding down of the employer for other reasons, the notice period is 30 days.
In the event of confirmed compulsory settlement, the employer may terminate the employment contracts of those employees who have been characterized as redundant in the redundancy programme with a 30-day notice period. Compulsory settlement (or compulsory composition) is a proceeding for an insolvent debtor which: (i) enables financial reorganisation of the debtor; and (ii) assures partial payment of the creditor’s claim, both aimed at ensuring the further operation of the debtor.
Statutory minimum notice period: four weeks to seven months, dependent on length of service. It is possible to agree upon a probationary period of a maximum of six months with a statutory notice period of only two weeks. Collective bargaining agreements may provide for variations.