Appeal against termination

General information

Austria does not have any special protection against dismissal for older employees. However, you can appeal against your termination on the grounds that it violates the principles of social considerations, irrespective of whether the establishment has a works council.

If the establishment has a works council and it has expressly objected to the termination, it has the primary right of appeal. In this case, the employee must apply to the works council to fight the termination.

The objective of the action for annulment is continued employment.

Requirements

You must have been employed at the establishment for at least six months and be affected more severely by the termination than other employees based on your age.

Deadlines

The dismissed employee must essentially initiate an action for annulment within two weeks of the receipt of the notice of termination.

Exception: If the works council has the primary right of appeal, it must appeal the dismissal within one week of notification of the termination. Only if the works council does not take this action can the employee independently appeal the dismissal within two weeks of the expiration of the deadline that applies for the works council.

Competent authority

The competent Labour and Social Court

Further information

Older employees are generally persons over 45 years of age. However, the law does not precisely define a specific age from which a notice of termination is deemed to violate the principles of social considerations. Whether a notice of termination is deemed to violate the principles of social considerations therefore depends on the circumstances of the specific case and a general rule cannot be supplied at this point. As a result, make sure that you contact the competent Chamber of Labour in your state before you appeal a notice of termination. This will clarify the potential success of an appeal and you will receive advice and support in taking the next steps.

Legal basis

Section 105 of the Arbeitsverfassungsgesetz (ArbVG)