Exit Agreement Template for Austria

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Key Requirements PROMPT example:

Exit Agreement

"I need an Exit Agreement for our Chief Technology Officer who will be leaving the company on March 15, 2025, including provisions for their unvested share options and ongoing consultancy arrangements for 6 months post-departure."

Document background
The Exit Agreement is a crucial document used in Austrian employment relationships to formalize the termination of employment and establish clear terms for both parties. It's particularly important given Austria's stringent employment protection laws and the need for clarity in separation terms. This document type is commonly used in both amicable separations and negotiated exits, providing a framework for addressing all financial, legal, and practical aspects of the employment termination. The Exit Agreement must carefully balance the rights and obligations under Austrian labor law, including mandatory notice periods, severance payments, and social security considerations. It's essential for managing legal risk, ensuring compliance with local regulations, and providing certainty for both employer and employee regarding their respective obligations and entitlements post-employment.
Suggested Sections

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

2. Background: Brief summary of employment history, current position, and context of separation

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specification of the final day of employment and any garden leave arrangements

5. Final Payments: Details of salary, pro-rated bonuses, and other regular remuneration up to the termination date

6. Severance Payment: Terms and calculation of severance payment (Abfertigung) and payment schedule

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

8. Confidentiality: Ongoing obligations regarding confidential information

9. Release of Claims: Mutual release of claims and waiver of rights

10. Tax and Social Security: Treatment of payments for tax and social security purposes

11. References: Agreement on employment references and future communications

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

13. Entire Agreement: Standard boilerplate confirming this as the complete agreement

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Post-Contractual Non-Compete: Used for senior employees or those with access to sensitive information, specifying restrictions on future employment

2. Share Options/Equity: Required if employee has any share options or equity participation

3. Director Resignations: Necessary for employees who held corporate officer or director positions

4. Consulting Arrangement: Used when the employee will continue providing services as a consultant

5. Works Council Approval: Required when works council involvement is necessary under Austrian law

6. Outplacement Support: When the company provides career transition services

7. Insurance Continuation: Details of any post-employment insurance benefits

8. Professional Membership Fees: Handling of professional memberships and certifications

9. Pension Arrangements: Required for employees with company pension schemes

10. Legal Costs: Used when addressing payment of legal fees for agreement review

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all financial payments including salary, severance, and benefits

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

3. Schedule 3 - Benefits Summary: Summary of benefits and their treatment post-termination

4. Schedule 4 - Outstanding Share Options: Details of any share options and their treatment

5. Appendix A - Form of Release: Formal release document if required separately

6. Appendix B - Reference Letter: Agreed form of employment reference

7. Appendix C - Resignation Letters: Template resignation letters from corporate positions if applicable

8. Appendix D - Handover Plan: Detailed plan for transitioning responsibilities

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 and Financial Services

Technology and Software

Manufacturing

Retail

Professional Services

Healthcare

Construction

Education

Telecommunications

Energy and Utilities

Real Estate

Media and Entertainment

Automotive

Pharmaceuticals

Hospitality and Tourism

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Manufacturing

Customer Service

Administration

Product Development

Quality Assurance

Business Development

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Financial Controller

Sales Representative

HR Manager

Operations Manager

Marketing Director

Research Scientist

Legal Counsel

Account Manager

Technical Lead

Production Supervisor

Administrative Assistant

Business Analyst

Executive Assistant

Regional Manager

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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