European Employment Law Cases

Case Reports

EELC 2018/38 Collective Redundancies: Failure to notify Employment Service cannot be healed by postponing termination (AU)

Keywords Collective redundancies
Authors Andreas Tinhofer
Author's information

336076 Andreas Tinhofer
Andreas Tinhofer is a partner at MOSATI Rechtsanwälte, www.mosati.at.
  • Abstract

      The Austrian Supreme Court has held that the employer must notify the Employment Service (AMS) when it is contemplating collective redundancies, even if they are carried by mutual agreement. The duty of notification is triggered if the employer proposes a mutual termination agreement to a relevant number of employees, provided the offer is binding and can be accepted by the employees within 30 days. If the employer fails to notify the AMS, any subsequent redundancies (or mutual terminations of employment occurring on the employer’s initiative) are void, even if effected after 30 days.

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