Apprentice from Styria: Termination after vacation! That's how it came about!

Apprentice from Styria: Termination after vacation! That's how it came about!

An unfortunate incident occurred in Austria, where a 20-year-old apprentice from Styria lost his job while on vacation. The incident raises essential questions about the rights of employees during their vacation period. That reported Mercury.

The apprentice had previously coordinated his vacation with the foreman and booked a trip. Nevertheless, the company's managing director asked him to work during his already agreed vacation time. During this time, however, the apprentice was injured at work and was subsequently on sick leave. He had informed his employer about his sick leave and planned vacation.

Unexpected termination

After returning from vacation, the apprentice experienced an unexpected turn of events: he received the news that he had been terminated and deregistered from the authorities during his absence. As a result, the apprentice, with the support of the Chamber of Labor, filed a lawsuit against his employer, who claimed that the apprentice had wanted the employment relationship to be terminated by mutual agreement and had not shown up for work without an excuse. However, these claims were refuted by the Chamber of Labor.

Ultimately, the court ruled in favor of the apprentice and awarded him termination compensation of around 4,400 euros. In this context, it is important to emphasize that in Austria and Germany, once a vacation agreement has been made, it cannot generally be revoked unilaterally, unless there is an operational emergency that must be proven.

Rights of employees on vacation

According to the guide from Flash of form Employees are not protected from dismissal during their vacation. The employment relationship remains unchanged, and employers can also terminate the contract while an employee is on vacation. The receipt of the termination plays a decisive role in the applicable deadlines.

A termination is deemed to have been received when the recipient has the opportunity to take note of the letter. This usually happens when it is in the mailbox. The Federal Labor Court has made it clear that employees must expect mail from their employer even while on vacation. When traveling for a longer period of time, employees should ensure that they receive mail at their vacation destination.

The deadline for filing a dismissal protection claim is three weeks from receipt of the termination notice. If the employee misses this deadline, he or she can submit an application for subsequent admission of the lawsuit, provided that he or she can prove that he or she was on vacation. In the event that termination is given because of unauthorized vacation, a prior warning is usually required before termination without notice is legal.

The incident involving the apprentice from Styria vividly shows the challenges employees can face when dealing with dismissals during vacation and how important it is to know your rights and take action in good time.