Mutual Employment Termination Agreement Template for Austria

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Key Requirements PROMPT example:

Mutual Employment Termination Agreement

"I need a Mutual Employment Termination Agreement under Austrian law for a senior software engineer who has agreed to leave our technology company by March 1, 2025, including provisions for handover of ongoing projects and treatment of unvested stock options."

Document background
The Mutual Employment Termination Agreement is a crucial document used in Austrian employment contexts when both employer and employee agree to end their employment relationship by mutual consent. This agreement serves as an alternative to unilateral termination and often provides more flexibility in terms of separation conditions. It must comply with Austrian labor law requirements, including the Austrian Labor Law (Arbeitsrecht) and the Salaried Employees Act (Angestelltengesetz). The document typically includes comprehensive details about financial settlements, notice periods, confidentiality obligations, and mutual releases. It's particularly useful in situations where a clean break is desired, or when parties wish to negotiate terms that differ from standard notice period requirements. The agreement must account for special protections under Austrian law for certain employee categories and may require works council consultation where applicable.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names, addresses, and relevant registration numbers

2. Background: Brief description of the employment relationship, including start date, position, and current circumstances leading to mutual termination

3. Definitions: Definitions of key terms used throughout the agreement

4. Termination Date: Clear specification of the final day of employment and any handover period

5. Financial Settlement: Details of final salary, pro-rated bonuses, outstanding vacation pay, and any severance payment

6. Company Property: Requirements and timeline for returning company property, documents, and data

7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

8. Final Release: Mutual waiver of claims and release of liabilities, subject to Austrian law limitations

9. Reference Letter: Commitment to provide a reference letter (Dienstzeugnis) as required by Austrian law

10. Social Security and Tax: Acknowledgment of obligations regarding social security and tax declarations

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

12. Execution: Signature blocks and date of agreement

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, if applicable and previously agreed in the employment contract

2. Benefits Continuation: Any continuation of benefits or insurance coverage beyond termination

3. Outstanding Stock Options: Treatment of any existing stock options or equity-based compensation

4. Outplacement Support: Details of any career transition or outplacement services being provided

5. Works Council Acknowledgment: Required if a works council exists and has been involved in the termination process

6. Special Protection Declaration: Required for employees under special protection (e.g., pregnant employees, disabled employees)

7. Training Costs Repayment: Handling of any outstanding training cost repayment obligations

8. Garden Leave: Terms of any garden leave period before final termination

Suggested Schedules

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

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 - Reference Letter Draft: Draft of the agreed reference letter content

5. Appendix B - Handover Plan: Detailed plan for handover of responsibilities and ongoing projects

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
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Hospitality

Consumer Goods

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Personnel Administration

Employee Relations

Corporate Governance

Operations Management

Relevant Roles

HR Manager

Legal Counsel

HR Director

Chief Human Resources Officer

Employment Lawyer

HR Business Partner

Compliance Officer

Personnel Administrator

HR Operations Manager

Employee Relations Manager

General Counsel

Department Manager

Line Manager

Managing Director

Chief Executive Officer

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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