At Will Employee Termination Letter Template for Austria

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Key Requirements PROMPT example:

At Will Employee Termination Letter

"I need an At Will Employee Termination Letter for an IT Project Manager in our Vienna office, ensuring compliance with Austrian labor law and including garden leave provisions, with the termination to take effect from March 31, 2025."

Document background
The At Will Employee Termination Letter, while termed as such, must be adapted to meet Austrian legal requirements, as Austria does not recognize pure "at-will" employment. This document is used when an employer wishes to terminate an employment relationship in Austria, requiring careful attention to statutory notice periods, employee protections, and procedural requirements. The letter serves as official documentation of the termination decision and must include specific elements required by Austrian labor law, such as clear termination declarations, notice periods, and final settlement information. It's essential for ensuring legal compliance while maintaining professional relationships and minimizing potential disputes. The document should be prepared with consideration of the Austrian Civil Code, Salaried Employees Act, and potential works council involvement, making it significantly different from its US counterpart.
Suggested Sections

1. Letter Header: Company letterhead, date, and formal addressing of the employee with their full name and address

2. Subject Line: Clear indication that this is a termination notice (Kündigungsschreiben)

3. Termination Declaration: Clear and unambiguous statement of employment termination

4. Notice Period: Specification of the applicable notice period and the final working day

5. Return of Company Property: Instructions regarding the return of company assets, equipment, and documents

6. Final Settlement: Information about final salary payment and settlement of remaining vacation days

7. Signature Block: Company representative's signature, name, and position

Optional Sections

1. Reason for Termination: Include only if required by collective agreement or if providing reasons is strategically advantageous

2. Garden Leave: Include if the employee is to be released from duty during the notice period

3. Reference Letter: Information about the provision of a reference letter (Arbeitszeugnis), if not provided separately

4. Non-Compete Reminder: Include if there are post-employment restrictions that remain in effect

5. Handover Instructions: Include if there are specific project handover requirements or procedures

6. Works Council Notice: Reference to works council consultation if applicable

7. Severance Package: Include if offering additional benefits beyond statutory requirements

Suggested Schedules

1. Handover Checklist: List of company property to be returned and tasks to be completed before departure

2. Final Settlement Calculation: Detailed breakdown of final payment including salary, vacation days, and any additional compensation

3. Exit Process Document: Overview of administrative procedures for the employee's last working day

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Banking and Financial Services

Information Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Transportation and Logistics

Media and Entertainment

Real Estate

Energy

Telecommunications

Consumer Goods

Non-Profit Organizations

Government and Public Sector

Relevant Teams

Human Resources

Legal

Executive Leadership

Administration

Compliance

Employee Relations

Personnel Management

Corporate Governance

Relevant Roles

HR Manager

Legal Counsel

HR Director

Department Manager

Managing Director

HR Business Partner

Chief Human Resources Officer

Employment Law Specialist

HR Administrator

Company Secretary

Operations Manager

General Manager

CEO

HR Coordinator

Personnel Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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