The old severance scheme: your claim under the Salaried Employees Act

For jobs that began before 2003 the employer pays severance directly: a multiple of your last monthly pay, stepped by years of service.

The old severance scheme (Abfertigung alt) covers salaried employees in Austria whose job began before 1 January 2003 and has lasted without a break for at least 3 years. Under section 23 of the Salaried Employees Act (Angestelltengesetz, AngG) it equals twice the pay due for the last month, rising to three times after 5 years of service, four times after 10, six after 15, nine after 20 and twelve after 25. Monthly pay includes a share of the special payments, so with the usual 14 salaries a year it is one sixth higher than the monthly salary. If you last earned €3,500 gross and spent 15 years with the firm, you receive 6 months at €4,083.33, €24,500 gross and €23,030 after 6 % wage tax. You lose it if you resign, walk out without good cause or are dismissed for misconduct. Up to three months' pay is due when the job ends; the rest may be paid in monthly instalments from the fourth month. If the employee dies, the legal heirs he or she had to support receive half.

Old-scheme severance by years of service

Severance gross

€24,500

Months’ pay6
Monthly pay incl. special payments€4,083
net after 6%€23,030
Severance calculator →

Checked by Radif Partners · Editorial policy · Calculation method

The scale by years of service

Old-scheme severance under section 23(1) AngG, monthly pay plus one sixth for special payments, from our engine
From yearMonths of payGross on €3,500Wage tax 6.0 %Net
32€8,167€490€7,677
53€12,250€735€11,515
104€16,333€980€15,353
156€24,500€1,470€23,030
209€36,750€2,205€34,545
2512€49,000€2,940€46,060

Severance jumps at each threshold. If your job ends after four years and eleven months you get 2 months' pay; a month later, 3. When negotiating a mutual termination shortly before an anniversary, the end date is worth checking carefully. Service counts from the start of employment to its legal end, notice period included.

What counts is the pay for the last month, not an average over your career. If you moved to part-time shortly before the end, severance is based on the lower monthly pay; only for parental part-time does section 23(8) require your earlier normal hours. A marginal job you held with the same employer during parental leave is ignored in the calculation (section 23(1a)).

When the claim arises and when it is lost

The Business Service Portal lists the ways a job can end without losing severance: notice from the employer, unjustified or blameless dismissal, justified early departure, mutual termination, expiry of a fixed term and death. There is no claim after you resign, after leaving early without good cause and after dismissal for misconduct. Resigning still keeps a claim in two cases: during parental part-time (half, capped at three months' pay, if the job lasted five years) and to take up a regular or corridor pension after at least ten years.

Two further cases are in the Act itself. If the business is wound up and the employer's finances have deteriorated so much that payment cannot fairly be expected, severance may be reduced or cancelled (section 23(2)). If the business is sold and you refuse to continue although the buyer offers the same terms and credits your service, the claim lapses too (section 23(3)).

Leaving after parental leave

If you decide not to return after having a child, you can declare early departure during parental leave (Karenz), for leave of at least three months no later than three months before it ends. You then receive half of the severance, at most three months' pay, provided the job lasted at least five years not counting the leave. It is based on the pay for the last month before the leave began.

Old-scheme severance by years of service

Severance gross

€24,500

Months’ pay6
Monthly pay incl. special payments€4,083
net after 6%€23,030
Severance calculator →

Timing: what comes at once and what in instalments

Take €3,500 and 15 years: severance is €24,500. Three months' pay, €12,250, is due when the job ends. The remaining €12,250 may be paid in monthly instalments from the fourth month, each in advance. If you go on to claim unemployment benefit, its daily rate is based on your contribution records, not on the severance.

Wage tax: 6.0 % or the multiplier method

Statutory severance is taxed under section 67(3) of the Income Tax Act. There are two ways to calculate it and the cheaper one applies: either 6.0 % of the severance, or the scale wage tax on one regular month multiplied by the number of months' pay. On small salaries, where regular wage tax is below 6.0 % of monthly pay, the second method wins. At €2,000 gross and 6 months you pay €422.04 instead of €840.00. Above that it stays at 6.0 %. Severance is taxed on its own under subsection 3, not through the annual sixth of subsections 1 and 2 that governs your holiday and Christmas pay.

Switching to the new scheme

If your employer offered a move to the new severance scheme, there are two variants. Freezing keeps the number of months earned under the old rules up to the switch date, calculated later from your last monthly pay, and it is still lost if you resign. Transfer converts it into a lump sum paid into the provision fund, after which only the new rules apply. You can model both parts separately in the severance calculator.

Frequently asked questions

When do I lose my old-scheme severance claim?

If you resign, leave early without good cause or are dismissed through your own fault (section 23(7) AngG). You keep it if the employer gives notice, you agree a mutual termination (einvernehmliche Auflösung), you are dismissed without fault, you leave for good cause or a fixed term runs out. According to the Business Service Portal, resigning to take up a pension after at least ten years also keeps the claim.

When must my employer pay old-scheme severance?

Up to three months' pay falls due when the job ends. The employer may pay the rest in monthly instalments, payable in advance, from the fourth month (section 23(4) AngG). On €3,500 gross after 15 years, €12,250 are due at once and the remaining €12,250 may follow in monthly instalments. Nothing stops the employer from paying it all at once with the final settlement (Endabrechnung).

What counts as monthly pay for old-scheme severance?

The pay due for the last month of employment plus the pro-rata share of holiday and Christmas pay. With two special payments, monthly pay is one sixth higher than salary: €3,500 becomes €4,083.33. If the job ends during parental part-time through the employer or by mutual agreement, your earlier normal working hours are used instead (section 23(8) AngG).

How much old-scheme severance do surviving family members receive?

Half of what the employee would have received for their years of service, and only for the legal heirs the employee was obliged to support (section 23(6) AngG), such as a spouse or children still dependent on them. After 15 years on €3,500 gross that would be €12,250 instead of €24,500. Other heirs receive nothing from it.

Is old-scheme severance always taxed at 6 %?

No, 6 % is the ceiling. Under section 67(3) of the Income Tax Act the wage tax on one regular month is also multiplied by the number of months' pay, and the lower figure applies. On €2,000 gross after 15 years that gives €422.04 instead of €840.00. In our engine this multiplier method wins up to about €2,500 a month. Payroll compares both automatically.

Do apprenticeship years count towards old-scheme severance?

Yes, with one condition. Time you spent immediately before as a blue-collar worker or apprentice with the same employer counts, but apprenticeship years only if the employment including the apprenticeship lasted at least seven years without a break. An apprenticeship on its own never creates a claim (section 23(1) AngG).

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Sources

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