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Employee Termination Agreement
"I need an Employee Termination Agreement under Austrian law for a mutual separation with our senior software developer, effective March 1, 2025, including standard confidentiality provisions and a 3-month non-compete clause."
1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
2. Background: Brief context of the employment relationship, including start date and current position
3. Definitions: Key terms used throughout the agreement
4. Mutual Agreement to Terminate: Clear statement of mutual consent to terminate the employment relationship and the effective date
5. Final Working Day: Specification of the last working day and any garden leave arrangements
6. Financial Settlement: Details of final salary, pro-rated bonuses, and outstanding vacation pay
7. Severance Payment: Specification of any severance payment (Abfertigung) and payment terms
8. Company Property: Requirements for returning company property and documents
9. Confidentiality Obligations: Ongoing obligations regarding confidential information
10. Final Release: Mutual release of claims related to the employment relationship
11. Reference Letter: Commitment to provide a reference letter (Dienstzeugnis)
12. Governing Law: Specification of Austrian law as governing law
13. Signatures: Execution blocks for both parties
1. Post-contractual Non-compete: Include when there is an existing non-compete clause that will continue to apply
2. Benefits Continuation: Include when certain benefits will continue post-employment
3. Stock Options/Equity: Include when the employee has stock options or other equity arrangements
4. Works Council Acknowledgment: Include when a works council exists and has been consulted
5. Outplacement Support: Include when the employer is providing career transition services
6. Special Protection Status: Include when employee falls under special protection categories (e.g., pregnant employees, disabled employees)
7. Training Cost Repayment: Include when there are outstanding training cost repayment obligations
8. Data Privacy: Include specific provisions about handling of employee's personal data post-employment
9. References and Communications: Include when parties agree on specific wording for internal/external communications
1. Schedule 1 - Financial Settlement Calculation: Detailed breakdown of all financial payments including salary, bonuses, and deductions
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Detailed list of any continuing obligations post-employment
4. Schedule 4 - Benefits Summary: Details of any benefits continuation or termination
5. Appendix A - Reference Letter Draft: Agreed form of reference letter (Dienstzeugnis)
6. Appendix B - Communication Template: Agreed wording for internal and external communications regarding the departure
Authors
Company
Employee
Effective Date
Final Working Day
Garden Leave Period
Termination Date
Severance Payment
Abfertigung
Confidential Information
Company Property
Intellectual Property Rights
Works Council
Reference Letter
Dienstzeugnis
Outstanding Vacation Days
Bonus Period
Release
Business Day
Continuing Obligations
Group Companies
Professional Secrecy
Notice Period
Final Settlement
Company Policies
Benefits
Special Protection Status
Variable Compensation
Stock Options
Pension Scheme
Social Security Contributions
Trade Secrets
Competition
Customer
Territory
Mutual Termination
Termination Date
Final Working Arrangements
Garden Leave
Financial Settlement
Severance Payment
Outstanding Remuneration
Bonus Treatment
Vacation Pay
Benefits Termination
Company Property Return
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Reference Letter
Final Release
Tax Indemnity
Social Security
Works Council Acknowledgment
Further Assurance
Surviving Obligations
Entire Agreement
Severability
Governing Law
Jurisdiction
Counterparts
Notices
Amendment
Third Party Rights
Costs
Waiver
Banking & Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Construction
Education
Telecommunications
Energy & Utilities
Transportation & Logistics
Hospitality & Tourism
Media & Entertainment
Real Estate
Consumer Goods
Pharmaceutical
Agriculture
Mining & Resources
Non-Profit Organizations
Public Sector
Human Resources
Legal
Compliance
Employee Relations
Payroll
Benefits Administration
Executive Leadership
Finance
Corporate Services
Risk Management
Human Resources Manager
Legal Counsel
HR Business Partner
Compliance Officer
Employment Law Specialist
HR Director
Personnel Administrator
Corporate Lawyer
HR Operations Manager
Employee Relations Manager
Benefits Administrator
Payroll Manager
HR Generalist
Chief Human Resources Officer
Labor Relations Manager
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