Common use of Entitlement to time off when notice is given by the employer and time lapse Clause in Contracts

Entitlement to time off when notice is given by the employer and time lapse. If the employment relationship is terminated by notice by the employer and time lapse, the employee (except when his/her performance is waived) shall be entitled during the (fictitious) period of notice to claim at least one free working day per working week, but not less than 8 (eight) hours, while remuneration continues to be paid. This shall be calculated analogously to Item 2 of Section 14 below. Termination upon the employee’s retirement shall be governed by Paras 2 and 3 of Section 22 AngG and Paras 2 and 3 of Section 1160 Allgemeines bürgerliches Gesetzbuch (ABGB; Austrian Civil Code). In the case of shift work, these provisions shall apply mutatis mutandis. The day on which such time off shall be consumed shall be agreed between the parties. If no agreement can be reached the last 8 (eight) hours of the working week shall be free.