Labor law (AT)
Notice period (employees)
Also: Notice periods · § 20 AngG · Termination date
The notice period is the time between announcement and the end of the employment relationship. For employer termination of employees, it is at least six weeks according to § 20 of the Employee Act, increasing with service time to up to five months; employees typically give one month's notice.
Key Points
- The legal basis for employees is § 20 of the Employee Act (AngG).
- Employer termination: 6 weeks after the second year of service, then 2, 3, 4, and 5 months after 25 years.
- End date is generally the end of the quarter; contractually, the 15th or last day of the month can be agreed upon.
- Employee termination: usually one month to the end of the month (contractually extendable).
- Since October 1, 2021, the notice periods for workers are largely aligned with those for employees.
Notice period and termination date – the difference
Two factors determine when an employment relationship ends: the notice period (how long in advance notice must be given) and the termination date (on which date the end is permissible). Only together do they form the actual end date. A six-week notice period to the end of the quarter means that notice must be given at least six weeks before the next possible end of the quarter.
What deadlines apply to employees?
- Employer termination: 6 weeks (up to 2 years of service), then 2, 3, 4, and 5 months after 25 years.
- The termination date is generally the end of the quarter – contractually, the 15th or the last day of the month can be agreed upon.
- Employee termination: usually one month to the end of the month (contractually extendable).
The employer's notice period increases progressively with the length of employment. If employees resign themselves, the notice period is significantly shorter; a contractual extension of the employee's notice period is permitted, but it may not exceed the employer's notice period.
What changed for workers in 2021?
Equalized since 2021
Since October 1, 2021, the previously shorter notice periods for workers have been largely adjusted to the rules for employees. Details can be regulated differently by collective agreements (Kollektivverträge) – especially in industries with seasonal operations.
In addition to ordinary termination, there is consensual termination (possible at any time without notice) and extraordinary termination (dismissal or justified early exit) for serious reasons. Relevant for the notice period is always the ordinary termination.
Frequently Asked Questions
- Can the notice period be shortened in the contract?
- The statutory periods of § 20 AngG are mandatory for the employer and cannot be shortened to the detriment of the employee. It is only permissible to move the termination date to the 15th or the last day of the month.
- What notice period applies if I resign as an employee?
- Usually, one month to the end of the calendar month. The employment contract may provide for a longer period, but it must not exceed the notice period applicable to the employer.
- Does the notice period apply during the probation month?
- No. During an agreed probation month, the employment relationship can be terminated by either party at any time and without notice. The notice periods apply only after that.
Note: This entry provides an overview to the best of our knowledge (as of: July 2026) and does not replace legal advice. Binding information is provided by the Chamber of Labour and the relevant trade union.