1E9Ct5D

(i)(ii)(iii)(iv)Damages. This is calculated as salary for the period to the end of the employmentcontract by way of ordinary notice which would have to have been given by theemployer. For the first three months it is calculated without regard to any newemployment but for the rest of the time, salary received in the new employmentwill be taken into account (Article 29 (1), Salaried Employees Act, Article 1162(b),General Civil Code).Pro-rata vacation compensation. This is calculated on the basis of the vacationallowance for a year which has not been used, and the point during that yearwhen employment ends.Proportionate share of the Christmas remuneration, additional holiday payment(the 13th and 14th salaries) and other remunerations allowed under Austrian law.Any applicable severance pay or as agreed, (see D.1.a.iv) below).iiiTermination With NoticeaWhere PermittedProvided that termination with notice is permitted, there is no requirement to show cause orgood reason in order to give notice. The only requirement for such termination is that theproper period of notice is adhered to and the notice itself is properly given. See III.i.b.b Where not PermittedTermination with notice will not be permitted unless certain conditions are met in thefollowing cases:Multiple TerminationsEvery employer must notify the relevant government employment office(Arbeitsmarktservice) in writing not less than 30 calendar days before, if within a 30-dayperiod(i)(ii)(iii)(iv)in businesses with 21–100 employees, the employer intends to terminate five ormore employees,in businesses with 100–600 employees, the employer intends to reduce thenumber of employees by at least 5 per cent,in businesses with more than 600 employees, the employer intends to reduce thenumber of employees by at least 30, andin any businesses, the employer intends to terminate five or more employeesabove the age of 50 years.The notification of termination procedure may then only take place upon obtaining theapproval of the employment office.Please refer to III.i.e above with regard to the following:Members of Workers’ Council.Workers within the Scope of the Protection of Mothers Act and Fathers Leave Act.Military Servicemen.Apprentices.Invalids and Victims of Political Persecution.- 53 -