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New employee notice periods
Aligning the rights of blue-collar workers with those of white-collar workers has been a political concern for decades. And yet it is only being achieved step by step – most recently by adjusting the notice periods.
The alignment of the notice periods of blue-collar workers with those of white-collar workers should have already applied to terminations pronounced after December 31st, 2017. After multiple postponements – most recently due to the corona pandemic – the alignment will apply in the future to terminations issued after September 30th, 2021.
If the employer terminates the employment, the notice period will from now on be at least six weeks and will increase with increasing duration of employment. Termination is possible at the end of a calendar quarter, the last day of the month or the 15th of a calendar month.
If blue-collar workers sever the working relationship themselves after October 1st, 2021, they have to observe a notice period of one month. In principle, the last day of the month is the termination date for voluntary termination, but the 15th of a calendar month can also be agreed. If a shorter notice period than one month has been contractually agreed with the workers up to now, it should be noted that these shorter notice periods will continue to apply to the workers in the future due to the favorability principle.
As with white-collar workers, it will also be possible in the future to extend the statutory minimum notice period for both parties to a maximum of six months. However, it is not permissible for the employer to go below the statutory notice period.
There is a particular need for action with regard to the employer’s termination dates: since the termination dates in collective agreements, internal agreements and employment contracts that do not include the 15th, the last day of the month or the calendar quarter are no longer valid, employers must take action in advance. Unless otherwise agreed, an employment relationship can only be terminated by employer notice at the end of a calendar quarter.
Caution is also required with regard to the termination dates for blue-collar workers. The termination date will be the last day of the month in the future. To date, however, many collective agreements provide for other dates, such as the end of the working week. It can be assumed that these more favorable dates will continue to apply if they have been agreed in the employment contract. For the time being, it remains open whether the last day of the month will also be added as a termination date.
In order to avoid legal disputes, it is therefore advisable for employers to re-regulate notice periods and dates if necessary.
Another major collective bargaining reform that has to be processed and implemented by the end of the year concerns trading enterprises. After a longer transitional period, the new collective agreement salary system will apply from January 1st, 2022, without exception to all companies covered by the collective agreement. The new regulations primarily relate to classifications, crediting of previous employment periods, advances and reclassifications.
Our experts Fabian Blumberger and Kerstin Schrabmair-Nagy will be happy to answer any further questions you may have on this topic by phone or at fabian.blumberger@haslinger-nagele.com.
Disclaimer
This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.
24. September 2021
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