Notice With Immediate Effect Template for Austria

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Key Requirements PROMPT example:

Notice With Immediate Effect

"I need to draft a Notice With Immediate Effect under Austrian law for terminating a senior software developer who was found sharing confidential source code with competitors on January 15, 2025, including specific references to our IT security policies and confidentiality agreements."

Document background
A Notice With Immediate Effect is a crucial document used in Austrian employment law when circumstances require the immediate termination of an employment relationship without observing standard notice periods. This type of notice is typically employed in cases of serious misconduct, breach of trust, criminal activities, or other substantial reasons that make continuing the employment relationship unreasonable. The document must strictly comply with Austrian legal requirements, including specific formatting, content, and delivery methods. It should clearly state the legal basis for termination under relevant Austrian legislation, provide detailed grounds for the immediate termination, and include all necessary supporting information. This document carries significant legal implications and should be carefully drafted to withstand potential legal scrutiny, as improper immediate termination can result in substantial claims for damages.
Suggested Sections

1. Recipient Details: Full name, position, and address of the recipient

2. Date and Place: Current date and place of issuance of the notice

3. Subject Line: Clear indication that this is a Notice of Immediate Termination

4. Employment Details: Reference to the employment relationship, including start date and position

5. Declaration of Termination: Clear and unambiguous statement of immediate termination

6. Legal Grounds: Specific legal basis for immediate termination under Austrian law

7. Factual Grounds: Detailed description of the incidents/reasons justifying immediate termination

8. Return of Company Property: Request for immediate return of all company property

9. Final Settlement: Information about final salary payment and outstanding benefits

10. Signature Block: Official signature, name, and title of the authorized representative

Optional Sections

1. Non-Compete Reminder: Include when employment contract contains post-termination restrictions

2. Works Council Reference: Include when works council has been consulted or informed

3. Prior Warnings: Reference to previous warnings or disciplinary actions if relevant

4. Gardening Leave: Include if employee is to be placed on garden leave during notice period

5. Legal Representation: Include when notice is being served through legal representatives

Suggested Schedules

1. Evidence Documentation: Copies of relevant evidence supporting the grounds for termination

2. Previous Warnings: Copies of any previous written warnings or disciplinary records

3. Company Property List: Detailed list of company property to be returned

4. Final Settlement Calculation: Breakdown of final payment including outstanding salary, vacation days, etc.

5. Handover Protocol: Template for documenting the handover of ongoing projects and 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 Industries

Manufacturing

Financial Services

Technology

Retail

Healthcare

Construction

Professional Services

Education

Hospitality

Transportation

Energy

Telecommunications

Real Estate

Media and Entertainment

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Operations

Finance

Administration

Information Technology

Production

Sales

Marketing

Research and Development

Relevant Roles

Chief Executive Officer

Human Resources Manager

Legal Counsel

Department Manager

Finance Director

Operations Manager

Project Manager

Sales Representative

Administrative Assistant

Technical Specialist

Production Supervisor

Account Manager

Software Developer

Marketing Manager

Financial Analyst

General Counsel

Compliance 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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