New Regulations on Notice Periods and Exceptions

Jan 15, 2026 Benn-Ibler Rechtsanwälte

As of 1 July 2025, new rules for deviations from statutory notice periods under collective agreements are being enforced retroactively, along with several transitional provisions.

Exemption Clause in Collective Agreements Clarified

On 1 October 2021, notice periods for blue-collar and white-collar workers were unified. Previously, only sectors with seasonal work could have different notice periods by collective agreement, but this exemption caused practical issues, leading to retroactive clarifications.

Required notice periods for both employers and employees under statutory law

Deviations from statutory notice periods are valid if they are part of a collective agreement made and announced between 1 January 2018 and 30 June 2025, subject to these conditions:

• The scope of a deviating provision cannot be broadened after the collective agreement is announced.
• Deviating provisions with limited terms may still be extended by collective agreement after 30 June 2025.
• If an agreement already allows for varying notice periods or termination dates, further changes can be made after 30 June 2025, as long as they do not disadvantage employees compared to previous terms.

Nonetheless, it is no longer necessary for an industry to be primarily composed of seasonal businesses in order to incorporate exceptional provisions within a collective agreement.

Federal Law Gazette I No. 111/2025, 29 December 2025