Law

Job-search days after dismissal: how to secure paid time off

After an employer dismissal, paid time for job searching is often available. This explains how employees correctly calculate and claim their job-search days.

Blonde adult employee on the way to a job interview during her paid job-search leave in Vienna

After a dismissal, a race against time often begins: writing applications, arranging interviews, updating documents and at the same time properly finishing the current job. In Austria, under certain conditions there is paid time off during the notice period. Colloquially it is called a "Postensuchtag", although the entitlement does not necessarily have to be used as a whole day.

Four questions are decisive: Who gave notice? What rule does the collective agreement contain? What is the regular weekly working time? And was the time off requested in time? This guide explains Post-search days after dismissal, provides concrete hourly examples and shows how employees can agree the entitlement cleanly.

Quick entitlement check

  • Employer dismissal: By law, on request, paid time off is generally granted during the notice period.
  • Extent: At least one fifth of the regular weekly working time per week.
  • Employee resignation: Without a more favorable rule in the collective agreement or employment contract, there is generally no statutory entitlement.
  • Termination by mutual agreement: The entitlement is not automatically guaranteed; an explicit written agreement is advisable.
  • Active request: Post-search time is not automatically recorded. Employees must assert it.
  • Pay: The time off is granted without any reduction in pay.

First check the notice of termination, the collective agreement and your regular weekly working time. Those preparing the entire exit will find an additional checklist for the termination interview and the notice period.

What the law understands by post-search days

For salaried employees § 22 of the Salaried Employees Act regulates it, and for other employees § 1160 ABGB regulates time off during the notice period in largely the same terms. If the employer terminates, they must, on request, release at least one fifth of the regular weekly working time each week. Remuneration must not be reduced as a result. Collective agreements may provide deviating and more favorable rules for employees.

The term "Postensuchtage" can be misleading. The statutory measure is a number of hours per week. From this, in a 40-hour week a whole working day may result. In part-time or other distributions it is correspondingly fewer hours. Half days or individual time blocks can also be more practical, for example for two job interviews.

How many hours you're entitled to per week

The basic calculation is:

Regular weekly working time divided by five = minimum time off per notice week.

  • 40 weekly hours result in at least 8 hours.
  • 38.5 weekly hours result in at least 7.7 hours.
  • 30 weekly hours result in at least 6 hours.
  • 25 weekly hours result in at least 5 hours.
  • 20 weekly hours result in at least 4 hours.

With irregular employment, overtime or changing weekly schedules, the "regular" weekly working time may require interpretation. Check the collective agreement, employment contract and actual working time. Document the calculation instead of simply assuming a flat whole day.

Which notice period counts for the calculation

The relevant period is the statutory, collective-agreement or validly contractually agreed notice period. If the employer gives notice earlier voluntarily and this results in a longer factual time until the end date, the statutory minimum entitlement does not automatically increase for that additional period according to the Chamber of Labour.

Example: The required notice period is two months, but the company informs already three months before the end date. Post-search time is generally to be calculated for the two relevant notice months. A more favorable voluntary agreement for the additional month remains possible.

Employer dismissal: the clear statutory case

When the employer terminates, the statutory conditions typically apply. You do not have to prove that you already have a new fixed job or a certain number of applications sent in order for the entitlement to arise. Nevertheless, the time should be plausibly connected to the professional reorientation and used according to the company-agreed procedure.

The employer may not practically thwart the entitlement by constantly rejecting every proposed appointment. Conversely, employees should not be absent without coordination. A written request with multiple realistic appointment proposals creates evidence and facilitates scheduling.

Employee resignation: the collective agreement also plays a role

If you resign yourself, you generally have no statutory entitlement to paid post-search time without a special rule. However, the collective agreement or employment contract may be more favorable. The Economic Chamber (Wirtschaftskammer) names collective-agreement models that also grant time off in cases of resignation and may provide for half days or a special proof of necessity.

Therefore read not only the heading "Time off during the notice period" but also the conditions, extent and registration deadline. If there is no entitlement, vacation, time in lieu, flexitime or an individually negotiated paid or unpaid leave can be negotiated.

Termination by mutual agreement: put it in writing

In a termination by mutual agreement there is no classic employer dismissal. Whether post-search time is due is therefore not as clear as in the statutory standard case. The Chamber of Labour recommends expressly including the time off in the termination agreement, especially if the initiative comes from the employer.

A useful clause specifies the number of hours, period of use, continued payment of remuneration and the coordination procedure. Avoid blanket waivers before open claims have been checked. Have unclear agreements checked by the Chamber of Labour, a union or legal advice before signing.

Fixed-term contract: seek timely advice

A fixed-term employment relationship generally ends by expiry of time and not by dismissal. Case law has nevertheless analogously recognized the entitlement in certain fixed-term salaried relationships, among other things when the contract lasts at least three months. For the period a fictitious notice period is used as the basis.

This is a special case where contract duration, interests and applicable rules are decisive. Do not rely on a blanket promise from the internet. Obtain specific labour law advice before any planned absence.

Clearly separate post-search days and vacation

Vacation and post-search time are different entitlements. If vacation is agreed during the notice period, post-search time should be expressly asserted beforehand and shown separately in the agreement. If you agree vacation for an entire working week without addressing the post-search entitlement, according to the Chamber of Labour practice you cannot additionally use the time off for that week.

A clean plan for a five-day week might look like this: Monday is recorded as agreed post-search time, Tuesday to Friday as vacation. The concrete allocation must match the individual hourly entitlement and the agreement with the employer.

Post-search time is not the same as release from duty

Several terms are often mixed up during termination phases. A release from duty means the employer waives work performance wholly or partly and generally continues to pay remuneration. Post-search time, by contrast, is a distinct, limited time-off entitlement during the notice period. It arises on request in cases of employer dismissal and is calculated according to the regular weekly working time.

Vacation consumes vacation days and requires agreement. Time in lieu reduces an existing time credit. Flexitime allows movement within the agreed framework. These instruments can facilitate application appointments but do not automatically replace the statutory post-search entitlement. Conversely, post-search time does not create additional vacation or time credits.

If a full paid release from duty is agreed, the necessary time for applications is practically already available. Still have it recorded in writing which absence is treated as release from duty, vacation or time in lieu. This prevents later disputes about remaining vacation, time accounts and final settlement.

Part-time, shift work, and home office

Part-time employees do not get a flat full post-search day if the conditions are met, but at least one fifth of their regular weekly working time. For 24 hours that's 4.8 hours per week. Whether this becomes a longer block or several short appointments must be coordinated with the employer.

In shift work the request should take the specific duty roster into account. An interview outside the assigned shift does not automatically consume post-search time. If the appointment falls within working hours, propose a suitable block and clarify handover or substitution. The employer must not thwart the time off but may bring legitimate organisational interests into the scheduling.

Home office does not eliminate the entitlement either. Those who work from home still perform work during agreed working hours. For interviews or other job-search activities within that time, the time off should therefore be requested and documented just as in the office. Simply "going offline" without agreement can lead to unnecessary conflicts.

Also do not assume without checking that unused hours can be transferred freely to the next week or collected at the end of the notice period. Agree on consumption and possible bundling explicitly. Collective agreements may contain their own rules for this.

How to request post-search time in five steps

  1. Check the type of termination: Record whether there is employer dismissal, employee resignation, fixed-term contract or mutual agreement.
  2. Read the rules: Check the law, collective agreement, works agreement and employment contract.
  3. Calculate hours: Divide the regular weekly working time by five and take into account more favorable collective agreement rules.
  4. Request in writing: State the entitlement, desired dates and a realistic alternative.
  5. Document the agreement: Have the timing and number of hours confirmed and keep your own records.

Sample wording for the request

Subject: Time off during the notice period

Due to the employer dismissal of [Datum] I request paid time off during the notice period in the amount of [Stunden] hours per week. For the coming week I propose [Datum und Uhrzeit]. Alternatively [zweiter Termin] would be possible. Please confirm the agreement in writing.

The template must be adapted to the collective agreement, working hours and actual type of termination. Write factually and avoid unnecessary details about applications or potential new employers.

What to do if the employer refuses?

A refusal should not be answered by unilateral absence. First ask for a written justification and offer a second appointment. Refer factually to the employer dismissal, your calculation and the applicable statutory or collective-agreement basis.

Document the notice letter, working time, request, response and alternative proposals. If there is a works council, it can assist with scheduling. If the entitlement is fundamentally disputed or every proposal is rejected, contact the Chamber of Labour, union or labour law representation promptly before unilaterally staying away. This is particularly important because the notice period is limited and a later solution may miss the practical purpose of the time off.

For short-notice interview appointments you should still inform as early as possible. A specific reason improves planning, even though you do not have to disclose every individual application for the statutory basic entitlement. Share only those personal data necessary for scheduling the appointment.

How to use job-search time effectively

Post-search time is limited. Plan tasks that are hard to complete during normal working hours:

  • Job interviews and selection tests,
  • Phone calls with HR departments,
  • Appointments at the AMS or at counseling centers,
  • Research on employers and collective agreements,
  • Updating CV, references and work samples,
  • Preparation for salary and contract questions.

For interview preparation the jobspot.at guide on Job interview in Austria. If an employment gap threatens after the end, you should in parallel take steps to register as unemployed with the AMS.

Three typical practical cases

Case 1: Employer dismissal with 38.5 hours

A salaried employee works regularly 38.5 hours per week and is dismissed by the employer. Without a deviating rule, she is entitled on request to at least 7.7 paid hours per week during the relevant notice period. She agrees two shorter blocks for interviews.

Case 2: Employee resignation with 25 hours

A part-time employee resigns. The statutory one-fifth does not apply automatically. His collective agreement, however, contains a more favorable rule for two half days. Its conditions and number of hours take precedence over the general assumption of five hours.

Case 3: Termination by mutual agreement at the company's initiative

The employer side proposes a termination by mutual agreement. Before signing, the employee agrees six paid hours per week for the job search and has the period and continued payment of remuneration included in the contract.

Avoid common mistakes

  • Treating post-search time as an automatically recorded day off.
  • Assuming the statutory entitlement applies in cases of resignation without checking.
  • Failing to calculate part-time hours pro rata.
  • Only asking verbally and later being unable to prove an agreement.
  • Agreeing vacation for the entire week without securing post-search time beforehand.
  • Including the voluntarily extended factual notice period fully in the calculation.
  • Being absent in fixed-term or mutual-agreement cases without a case-by-case review.

FAQ on post-search days after dismissal

Do I already have to prove a job interview?

For the statutory basic entitlement in cases of employer dismissal there is generally no single interview appointment named as a prerequisite. Collective agreements can, however, contain special requirements.

Can I take a whole day every week?

Only if one fifth of your regular weekly working time corresponds to a whole working day or a more favorable rule applies. Timing and allocation must be coordinated.

Will I receive my normal pay during this time?

Yes. The statutory entitlement exists without reduction of pay.

Does the entitlement also apply in part-time?

Yes, in cases of employer dismissal it generally applies pro rata. With 25 regular weekly hours the statutory minimum is five hours per week.

What if the employer rejects every appointment?

Document the request and alternatives. The entitlement must not be thwarted. If no agreement is reached, seek advice from the Chamber of Labour, union or legal representation before unilaterally staying away.

Conclusion: Secure the entitlement actively and in writing

Post-search days after dismissal give employees time to prepare the next professional step during a stressful transition phase. The statutory core is clear: In cases of employer dismissal, on request at least 20 percent of the regular weekly working time is released with pay each week.

The details still decide. Check the collective agreement, type of termination, period and working time, request the time off in writing and agree concrete appointments. In cases of resignation, mutual agreement or fixed-term contracts an individual review should precede any absence.

Sources and further information