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Constructive Dismissal Settlement Agreement
"I need a Constructive Dismissal Settlement Agreement under Austrian law for a senior software developer who is leaving due to substantial changes in their role and reporting structure, with a settlement payment of €75,000 and a termination date of March 15, 2025."
1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
2. Background: Brief description of the employment relationship, circumstances leading to constructive dismissal claim, and parties' desire to settle
3. Definitions: Definitions of key terms used throughout the agreement, including 'Effective Date', 'Settlement Sum', and other relevant terms
4. Termination Date: Clear statement of when the employment relationship officially ends
5. Settlement Payment: Details of the settlement sum, payment method, timing, and tax treatment under Austrian law
6. Waiver of Claims: Employee's waiver of rights to bring claims related to employment or its termination, subject to Austrian legal restrictions
7. Tax Indemnity: Employee's responsibility for their own tax liabilities arising from the settlement payment
8. Confidentiality: Obligations regarding confidentiality of the agreement terms and company information
9. Return of Property: Requirements for returning company property and documents
10. Reference: Terms regarding the provision of employment references as per Austrian practice
11. Governing Law: Specification that the agreement is governed by Austrian law
12. Execution: Signature blocks and execution requirements
1. Post-Employment Restrictions: Include when there are specific non-compete or non-solicitation provisions to be maintained
2. Continuing Obligations: Use when specific ongoing obligations from the employment contract need to be preserved
3. Medical Insurance: Include when there are specific arrangements regarding continued medical coverage
4. Legal Costs: Add when there is an agreement to contribute to the employee's legal costs
5. Works Council Acknowledgment: Include when a works council was involved in the settlement process
6. Pension Arrangements: Use when specific pension-related terms need to be addressed
7. Garden Leave: Include if there is a garden leave period before the termination date
8. Company Announcements: Add when parties agree on specific internal/external communications about the departure
1. Schedule 1 - Settlement Payment Calculation: Detailed breakdown of the settlement sum including basic payment, holiday pay, and other elements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Agreed Form of Reference: The agreed text of the employment reference to be provided
4. Schedule 4 - Surviving Employment Terms: List of any terms from the employment contract that survive termination
5. Appendix A - Tax Treatment Summary: Summary of tax treatment of various payment elements under Austrian law
6. Appendix B - Benefits Summary: Details of any benefits and their treatment post-termination
Authors
Company
Confidential Information
Claims
Effective Date
Employee
Employment Contract
Garden Leave Period
Group Company
Legal Expenses
Notice Period
Parties
Reference
Remaining Holiday Entitlement
Settlement Payment
Settlement Sum
Signing Date
Termination Date
Works Council
Working Day
Waiver
Company Property
Employment Relationship
Professional Capacity
Post-Employment Restrictions
Social Insurance Contributions
Severance Payment
Tax Liability
Benefits
Pension Rights
Surviving Terms
Statutory Rights
Material Breach
Constructive Dismissal Claim
Legal Representatives
Termination of Employment
Settlement Payment
Payment Terms
Tax and Social Security
Waiver of Claims
Confidentiality
Non-Disparagement
Return of Property
Reference Provision
Post-Employment Restrictions
Legal Costs
Works Council Acknowledgment
Employee Warranties
Company Warranties
Announcement
Data Protection
Entire Agreement
Severability
Third Party Rights
Variation
Governing Law and Jurisdiction
Independent Legal Advice
Voluntary Agreement
No Admission of Liability
Continuing Obligations
Further Assurance
Counterparts
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Manufacturing
Professional Services
Retail
Healthcare
Education
Construction
Hospitality
Telecommunications
Media
Energy
Transportation
Real Estate
Public Sector
Human Resources
Legal
Finance
Compliance
Executive Leadership
Corporate Governance
Employee Relations
Payroll
Risk Management
Internal Communications
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Professional Staff
Administrative Staff
Technical Specialist
Sales Representative
Customer Service Representative
Operations Manager
Finance Manager
HR Business Partner
Legal Counsel
Company Secretary
Department Supervisor
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