Selection order for dismissals and layoffs in detail

There is no statutory selection order for dismissals under Austrian law.

However, if an employer is basing dismissals on operational reasons, the employer must prove that any applicable social responsibility requirements have been met. Dismissal must always be the last resort. In practice this means that younger employees who have no caring duties and have only been employed by that employer for a short time are dismissed before older, long-term employees with caring duties.

In addition, staff reductions made in the course of restructuring are often mitigated by a social plan.

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Author: Schima Mayer Starlinger

Date: July 2019

 

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