Employment Termination Agreement Template for Austria

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Key Requirements PROMPT example:

Employment Termination Agreement

"I need an Employment Termination Agreement under Austrian law for a senior software developer who has agreed to leave the company by mutual consent on March 1, 2025, including provisions for ongoing project handover and treatment of unvested stock options."

Document background
The Employment Termination Agreement is a crucial document used in Austrian employment law when both employer and employee mutually agree to end their employment relationship. This document is particularly important as it provides legal certainty for both parties and helps prevent future disputes by clearly documenting all termination conditions. The agreement must comply with Austrian labor laws and includes essential elements such as final settlements, benefit arrangements, and ongoing obligations. It's commonly used in situations where a clean break is desired, during corporate restructuring, or when agreeing on special termination terms. The document must consider specific Austrian legal requirements regarding notice periods, severance payments, and special protections for certain employee categories. It serves as a comprehensive record of the termination arrangements and mutual releases between the parties.
Suggested Sections

1. Parties: Identification of the employer and employee with 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. Termination Date: Specific agreement on the date when the employment relationship will end

5. Final Salary and Benefits: Details of the final regular salary payment and treatment of benefits

6. Holiday Entitlement: Settlement of remaining vacation days and time-off credits

7. Severance Payment: Details of any severance payment (Abfertigung) and calculation method

8. Tax and Social Security: Confirmation of tax and social security handling

9. Return of Company Property: Requirements and timeline for returning company property

10. Final Release: Mutual release from claims related to the employment relationship

11. Confidentiality: Ongoing obligations regarding confidential information

12. Governing Law: Confirmation that the agreement is governed by Austrian law

13. Signatures: Execution section with date and signatures of both parties

Optional Sections

1. Garden Leave: Terms of garden leave if applicable during notice period

2. Reference Letter: Agreement regarding the provision and content of reference letter (Dienstzeugnis)

3. Non-Competition: Post-employment competition restrictions, if applicable and agreed

4. Ongoing Projects Handover: Specific arrangements for handover of ongoing work and projects

5. Company Housing: Arrangements regarding company-provided accommodation if applicable

6. Stock Options/Shares: Treatment of any employee stock options or share schemes

7. Insurance Continuation: Arrangements for continuation or termination of company insurance benefits

8. Legal Costs: Agreement on who bears the legal costs of preparing the agreement

9. Works Council Approval: Reference to works council approval where required

Suggested Schedules

1. Schedule 1 - Financial Settlement: Detailed breakdown of all financial settlements including salary, severance, bonuses, and deductions

2. Schedule 2 - Company Property: Itemized list of company property to be returned

3. Schedule 3 - Benefits Settlement: Detailed listing of treatment of various benefits and entitlements

4. Appendix A - Calculation Methods: Detailed calculations for severance pay and other financial settlements

5. Appendix B - Handover Protocol: Template or checklist for the handover of duties and company property

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

Construction

Education

Telecommunications

Energy

Transportation and Logistics

Real Estate

Media and Entertainment

Hospitality

Public Sector

Non-Profit Organizations

Pharmaceutical

Agriculture

Mining

Automotive

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Administration

Payroll

Employee Relations

Risk Management

Corporate Governance

Relevant Roles

Chief Executive Officer

Managing Director

Human Resources Director

Legal Counsel

Finance Director

Department Manager

Team Leader

Project Manager

Senior Engineer

Software Developer

Sales Manager

Account Executive

Operations Manager

Administrative Assistant

Research Scientist

Marketing Manager

Product Manager

Business Analyst

Customer Service Representative

Technical Specialist

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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