Employee Termination Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
An Employee Termination Agreement (Aufhebungsvereinbarung) is utilized in Austria when an employer and employee mutually agree to end their employment relationship outside of standard unilateral termination procedures. This document is particularly relevant in situations where parties wish to negotiate a clean break, avoid potential disputes, or arrange terms that differ from statutory minimums while remaining compliant with Austrian labor law. The agreement typically includes comprehensive details about financial settlements, timing, ongoing obligations, and specific provisions required under Austrian jurisdiction, such as reference letter commitments and works council considerations. It serves as a crucial tool for ensuring legal certainty, protecting both parties' interests, and documenting all aspects of the employment termination in a clear and enforceable manner.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Payroll

Benefits Administration

Executive Leadership

Finance

Corporate Services

Risk Management

Relevant Roles

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

Industries
Austrian Labour Law (Arbeitsrecht): Framework legislation governing employment relationships, including termination requirements, notice periods, and employee rights
General Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): Provides the basic legal framework for contracts and agreements, including provisions affecting employment termination
Works Constitution Act (Arbeitsverfassungsgesetz): Regulates employee representation rights and required consultations with works councils in termination cases
Salaried Employees Act (Angestelltengesetz): Specific regulations for white-collar employees, including special termination provisions and notice periods
Severance Pay Act (Betriebliches Mitarbeiter- und Selbständigenvorsorgegesetz): Governs the 'new' severance pay system (Abfertigung neu) and related obligations
Equal Treatment Act (Gleichbehandlungsgesetz): Ensures termination agreements don't discriminate based on protected characteristics
Employment Contract Law Adaptation Act (Arbeitsvertragsrechts-Anpassungsgesetz): Contains provisions about transfer of undertakings and related employment protections
Special Protection Against Dismissal Laws: Includes protection for special groups like pregnant employees, parents on leave, works council members, and disabled employees
Income Tax Act (Einkommensteuergesetz): Governs taxation of termination payments and severance packages
General Social Insurance Act (Allgemeines Sozialversicherungsgesetz): Regulates social security implications of employment termination
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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