The Letter of Termination of Employment is a crucial document in Austrian employment law that formally ends an employment relationship. It must be used whenever an employer wishes to terminate an employment contract in accordance with Austrian legal requirements, or when documenting a mutual agreement to end employment. The document must comply with specific Austrian legal frameworks, including the ABGB (Austrian Civil Code), Salaried Employees Act, and Labor Constitution Act. It should include precise details about the termination date, notice period, and any special considerations such as works council consultation where required. The letter serves as official documentation of the termination and helps ensure compliance with Austrian employment protection regulations, making it essential for risk management and legal compliance.
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1. Sender Details: Company's full legal name, address, and contact information
2. Recipient Details: Employee's full name, address, and employee ID if applicable
3. Date: The date when the termination letter is issued
4. Subject Line: Clear indication that this is a termination notice (Kündigungsschreiben)
5. Employment Details Reference: Reference to the original employment contract, position, and start date
6. Termination Declaration: Clear statement of termination (Kündigung) and the legal basis
7. Notice Period and Last Working Day: Specification of the notice period and the exact last day of employment
8. Return of Company Property: List of company properties to be returned before the last working day
9. Final Settlement Information: Reference to final salary payment, outstanding vacation days, and other entitlements
10. Signature Block: Company representative's signature, name, and position
1. Reason for Termination: Include only if required by law or if providing a reason that strengthens the legal position
2. Garden Leave: Include if the employee is being placed on garden leave during the notice period
3. Reference Letter: Mention of the upcoming provision of a reference letter (Arbeitszeugnis)
4. Non-Compete Reminder: Include if there are post-employment restrictions that remain in effect
5. Outplacement Support: Include if the company is offering career transition assistance
6. Works Council Notice: Include if works council has been informed/consulted (where applicable)
7. Special Benefits: Include if offering any additional benefits or severance packages beyond statutory requirements
1. Calculation of Final Payment: Detailed breakdown of final salary, pro-rated bonuses, and outstanding vacation compensation
2. Company Property Checklist: Itemized list of company assets to be returned
3. Exit Procedure Document: Step-by-step guide for the employee's exit process
4. Benefits Termination Summary: Overview of how various benefits will be handled post-employment
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