Two special cases

Transition to an employee relationship

Solution A

Worker - Carrying over worker periods into the employee contract as per § 23 (1) AnG

The company pays any required severance pay in accordance with the provisions of the Employee Act [Angestelltengesetz] (AnG), also counting the time spent as a worker, and can then claim a pro-rated reimbursement from BUAK (note the upper limit of 12 monthly payments).

Solution B

Worker - Employee (at the same company)

The employee and company agree that the time spent as a worker will not be carried over.
Upon application, BUAK will pay out the severance pay for the employee one year after the transition.

Workers in mixed-industry companies

A mixed-industry company (see § 3 BUAG) is characterised by the existence of at least two parts of the company, such that one requires that BUAG be applied and the others require that the collective agreement or the Workers’ Severance Pay Act be applied.

The claim requirements are met if the employment contract lasted for at least three years without interruption. It makes no difference how often the worker switched between the two parts of the company.

Severance pay is paid out in the ratio of employment weeks subject to BUAG (claim is directed to BUAK) and those not subject to BUAG (claim is directed to the company).


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