Notice periods range from 12 days to six months (three months are common), depending on rules of the applicable collective agreement.
Notice of termination must be in writing and based on the turn of the month (or week if applicable). If the worker does not receive his formal notice of dismissal at least on the last working day of the month, his notice period is automatically pushed back to the turn of the next month.
An employment which has been terminated by either party remains intact until the end of the notice period, which means that rights and obligations under the agreement remain unchanged during the period. The parties can however come to an agreement to end their relationship before the notice period expires.
A worker deprived of his right to a lawful notice of termination can claim damages, equal to his loss during the notice period. Where the worker on the other hand leaves without giving the required notice, the employer may have, in certain circumstances, a right to claim damages. There are exceptions, where no notice is required – such as in the event of gross misconduct by either party or dangerous or insufficient working conditions.
Act No. 19/1979 establishes the following minimum rights:
After one-year continuous employment with the same employer = one month's notice.
Continuous employment for three years with the same employer =- two months' notice.
Five years of continuous engagement with the same employer = three months' notice.
A worker who is entitled to the above notice periods is bound to give the same notice if he wants to terminate his employment.
Rights under collective agreements
Collective agreements contain provisions on notice periods, applicable during the first of year of employment and are furthermore better than the statutory minimum.
Trade unions belonging to SGS
After 2 weeks consecutive employment for the same employer. 12 days notice period.
After 3 months consecutive employment for the same employer. 1 month notice period.
After 3 years consecutive employment for the same employer. 3 months notice period.
Trade unions belonging to LIV
During the first 3 months (trial period). 1 week.
Between 3 and 6 months of work. 1 month notice period.
After 6 months of work. 3 months the notice period.
After 10 years working for the same company. 55 years of age: 4 months notice period.
60 years of age: 5 months notice period.
63 years of age: 6 months notice period.
Those who have earned the right to a notice period ranging from 4 to 6 months can resign from their work by giving a 3 months’ notice. In all other cases the length of the notice periods are mutual.
Trade unions belonging to SAMIDN
During the worker’s first year of employment the notice period is 2 weeks. After one year’s employment it is extended to 1 month. After three years work in the same occupation the period is 2 months, and after five years in the same occupation the length of the notice period is three months.
Trade unions belonging to RSI
The general rule is a notice period of 1 month. If an electrician is hired for a specific period of time, then these rules do not apply unless he has worked for four weeks or longer consecutively.
The collective agreement refers to the Act No. 19/1979.
After at least 10 years consecutive work for the same employer.
55 years: 4 months notice period.
60 years: 5 months notice period.
63 years: 6 months notice period.
The worker can himself resign with a 3 months’ notice period.
Trade unions belonging to MATVIS
After working one month or longer for the same employer the notice period is one month. During the first month of employment there is no notice period. For those employed between 1 and 2 years for the same employer the notice period is 2 months. After 2 years the notice period is extended to 3 months.