The Mutual Agreement on Termination of Employment is a crucial document used in Austrian employment law when both employer and employee agree to end their employment relationship consensually. This type of agreement is distinct from unilateral termination and offers greater flexibility in terms of timing and conditions. It is commonly used when parties wish to negotiate terms that differ from standard notice periods or when a clean break is desired. The document must comply with Austrian labor laws, including the Arbeitsrecht framework, and typically includes comprehensive details about final payments, benefits, handover arrangements, and post-employment obligations. It's particularly important in situations where an amicable separation is desired, or when specific termination terms need to be negotiated that differ from standard contractual provisions. The agreement provides legal certainty for both parties and helps prevent future disputes by clearly documenting all aspects of the employment termination.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration/identification numbers
2. Background: Brief context of the employment relationship, including start date, position, and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when the employment relationship will end
5. Final Salary and Benefits: Details of final salary payment, including pro-rata payments for unused vacation, bonuses, and other entitlements
6. Severance Payment: Details of any severance payment (Abfertigung) to be made, including calculation method and payment date
7. Mutual Release: Mutual waiver of claims and release of liabilities between parties
8. Confidentiality: Ongoing obligations regarding confidential information
9. References: Agreement on the provision of employment references (Arbeitszeugnis)
10. Governing Law: Confirmation that the agreement is governed by Austrian law
11. Signatures: Execution block for both parties
1. Company Property: Details of company property to be returned, used when employee has company assets
2. Non-Competition: Post-employment competition restrictions, if applicable and agreed
3. Ongoing Projects: Handover arrangements for ongoing projects or responsibilities
4. Garden Leave: Terms of any garden leave period before final termination
5. Special Benefits: Any additional benefits or arrangements specific to the termination
6. Insurance Continuation: Details about continuing insurance coverage, if applicable
7. References Consent: Specific agreements about future employment references and recommendations
8. Tax Implications: Special clauses regarding tax treatment of payments, if needed
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment including salary, vacation pay, and other entitlements
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. Appendix A - Handover Protocol: Template or checklist for handover of responsibilities
5. Appendix B - Reference Letter Template: Draft or template of agreed employment reference
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