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Faulty termination despite compliance with the notice period

If both a notice period and a termination date are required for a termination under law, collective agreement, or individual contract, both conditions must be independently observed for the termination to be legally valid.

If an employer fails to comply with either of these conditions (i.e., the notice period or the termination date) when issuing a termination, the termination is considered untimely or unlawful.

This also applies if the employer observes a longer notice period than required by law, collective agreement, or individual contract but fails to comply with the required termination date.

OLG Vienna, 20.07.2023, 10 Ra 58/23 g

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