Employee Severance Agreement Template for Austria

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Key Requirements PROMPT example:

Employee Severance Agreement

"I need an Employee Severance Agreement under Austrian law for a senior executive in our technology division who is retiring in March 2025, including provisions for stock option vesting, ongoing advisory services, and continued health benefits for 6 months."

Document background
The Employee Severance Agreement is a crucial document used in Austrian employment relationships when formally terminating employment through mutual agreement or unilateral termination. It serves as a comprehensive record of all termination conditions, incorporating requirements under Austrian labor law, including the AVRAG and BMSVG. The agreement is particularly important for ensuring compliance with mandatory notice periods, severance pay calculations, and works council consultation requirements where applicable. It typically includes details about final payments, continuing obligations, benefit treatments, and release of claims. This document is essential for risk management and protecting both employer and employee interests by clearly documenting all aspects of the employment termination and preventing future disputes.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, addresses, and any relevant registration numbers

2. Background: Brief context of the employment relationship, including start date and position

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends and confirmation of notice periods

5. Final Salary and Benefits: Details of final regular salary payment, including pro-rata payments and outstanding benefits

6. Severance Payment: Amount, calculation basis, and payment terms of the severance package

7. Company Property: Requirements for returning company property and documentation

8. Confidentiality Obligations: Ongoing obligations regarding confidential information

9. Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

10. Tax and Social Security: Clarification of tax and social security treatment of payments

11. Legal Counsel: Acknowledgment that parties had the opportunity to seek independent legal advice

12. Governing Law: Confirmation of Austrian law as governing law

13. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Used when employee is placed on garden leave during notice period

2. Post-Employment Restrictions: Include when non-compete or non-solicitation provisions are required

3. References: Include when agreement includes provisions about employment references

4. Ongoing Benefits: Used when certain benefits continue post-employment

5. Works Council Statement: Required if works council is involved in termination process

6. Insurance Continuation: Include when addressing continuation of insurance benefits

7. Outplacement Support: Used when company provides career transition services

8. Stock Options/Equity: Include when addressing treatment of outstanding equity compensation

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of severance payment calculation

2. Schedule 2 - Outstanding Benefits: List of all outstanding benefits and their treatment

3. Schedule 3 - Company Property: Itemized list of company property to be returned

4. Appendix A - Release of Claims: Detailed release of claims statement

5. Appendix B - Post-Employment Obligations: Detailed description of ongoing obligations

6. Appendix C - Benefits Continuation Schedule: Timeline and details of any continuing benefits

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 legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Telecommunications

Energy

Construction

Education

Hospitality

Transportation

Media and Entertainment

Real Estate

Pharmaceutical

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Compliance

Risk Management

Payroll

Employee Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

Sales Director

Technical Lead

HR Manager

Operations Manager

Financial Controller

Research Director

Regional Manager

Account Executive

Development Manager

Marketing Director

Legal Counsel

Product Manager

Business Unit Head

Senior Engineer

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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