Severance pay too low

Big back payment for teacher

The fact that going to the Chamber of Labor is often worthwhile is shown by the recent case of a religious education teacher in Vorarlberg whose severance pay had been calculated incorrectly.

(Bild: AK Vorarlberg)

Because his severance pay had been calculated incorrectly, a religion teacher has now been paid 8900 euros in arrears after the Vorarlberg Chamber of Labor intervened.

You would think that as a teacher you wouldn't have to worry about the correct calculation of your financial entitlements. A recent case in Vorarlberg shows that this is not the case: Mr. S. worked as a religion teacher at various secondary schools and elementary school in Vorarlberg from 1991 to 2024. He was initially employed by the state and later by a private association. He finally retired at the end of August 2024. Due to his more than 30 years of service, he was entitled to the statutory severance payment of twelve months' salary. So far, so unspectacular. However, an important detail was overlooked: At the beginning of his employment, a teaching commitment of 22 hours per week had been agreed for Mr. S.

Calculation basis was incorrect
However, he had been working 28 hours per week since September 2022. However, as AK employment law expert Martina Egle discovered when reviewing the pay slips, the previous teaching commitment of 22 hours per week was still erroneously recorded on the pay slips from September to December 2022, retroactively corrected in terms of salary to the agreed and worked 28 hours per week. As a result, the statutory severance payment was calculated too low.

 "The Contract Staff Act, which applies to this employment relationship throughout, provides for the actual hours worked in the last 24 months prior to the termination of the employment relationship to be used to calculate the earnings for severance pay. As Mr. S. had actually worked 28 hours per week in the last 24 months, these were to be used and not what had previously been agreed," emphasizes Egle. Due to the intervention of the AK, the Vorarlberg Education Directorate re-examined the payroll and allocated Mr. S.'s teaching obligations to the relevant legal basis. The result: Mr. S. was paid the full amount of the severance pay to which he was entitled, and a total of 8900 euros was subsequently transferred to him.