Declaration of leaving employment early for good cause (Austria)

Austria
Deutsch
Employment
Notice & Demand
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This document is in German

The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.

The declaration by which an employee in Austria ends the employment with immediate effect for good cause — the vorzeitiger Austritt under § 26 AngG and § 1162 ABGB: pay withheld after a final deadline passed unused, breach of essential contract terms, danger to health, lack of protection, or violence and serious insults. It records the facts and claims notice-period compensation (Kündigungsentschädigung), pay in lieu of leave and the final settlement. An unjustified Austritt costs claims; the Chamber of Labour advises its members beforehand. In German.

What you fill in

The details the document asks for.

  • Employee
  • Employee's address
  • Employer
  • Employer's postal address (department if any, street, postcode and town)
  • City
  • Date
  • Employee's personnel number
  • Ground for leaving early (Austritt)
  • What happened and when (for withheld pay, also the date of the letter that set the final deadline)
  • Final settlement to be paid by
  • IBAN
  • Applicable collective agreement (or “none”)

Preview

This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.

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Common questions

On what grounds may an employee leave early in Austria?
For an important reason that makes continuing until the end of a notice period unreasonable (§ 1162 ABGB). For white-collar employees, § 26 AngG names in particular: incapacity or danger to health (Z 1), pay withheld or cut and other essential breaches of contract (Z 2), refused protective duties (Z 3), violence and serious insults or lack of protection from them (Z 4). For blue-collar workers in trade and industry, § 82a GewO 1859 applies. Choose the ground that applies and describe the facts precisely.
What am I owed after a justified Austritt in Austria?
Pay up to the Austritt, the pro-rata special payments under the collective agreement or contract, and pay in lieu of leave (§ 10 UrlG). If the employer is at fault for the Austritt, notice-period compensation (Kündigungsentschädigung) is owed for the time until a proper notice by the employer would have ended the employment (§ 29 AngG, § 1162b ABGB). An old-system severance (Abfertigung Alt) is kept. Claims for compensation arising from the Austritt, such as the Kündigungsentschädigung, must be taken to court within six months (§ 34 AngG; for blue-collar workers § 1162d ABGB).
What do I risk in Austria with an unjustified Austritt?
The employment still ends, but without the claims of a justified Austritt: no notice-period compensation, no old-system severance (§ 23 Abs 7 AngG), no pay in lieu for the fifth and sixth week of leave of the current leave year (§ 10 UrlG), and four weeks without unemployment benefit (§ 11 AlVG). So check before declaring it whether the ground holds; the Chamber of Labour advises its members on this.

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.

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