One boss wanted employees to pay their own notice. Now everyone can get their money back, because the AK won a judgment at the Supreme Court.
What was common practice until 2019 was actually illegal. We are talking about the 128 euros dissolution tax that employees had to pay in the event of termination or amicable dissolution. “Some employers have absolutely no genius”, annoyed Chamber of Labor President Renate Anderl.
But now the Supreme Court has decided that it was illegal. “Get your money back from your former company now,” Anderl appeals.
In the specific case, the Chamber of Labor represented a rental car driver, from whom the 128 euros were deducted from the final bill after an amicable dissolution. In principle, this tax should prevent employees from “parking” themselves in unemployment at the expense of the general public.
Now, however, the Supreme Court decided: Passing it on to the employees contradicts the regulatory purpose of the relevant law and is therefore inadmissible. According to the ruling, all employees who have had to pay a termination fee in the past three years can now claim it back from their former employer.
Claims more than three years ago are unfortunately already time-barred. If the termination fee was deducted in 2018 or 2019, this can be retrieved using a sample form at beruferkammer.at/kuendigungsabgabe.
