Separation Agreement And General Release Template for Austria

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Key Requirements PROMPT example:

Separation Agreement And General Release

"I need a Separation Agreement and General Release under Austrian law for our Chief Technology Officer who will be leaving on March 15, 2025, including provisions for stock options, ongoing advisory services for 3 months, and confidentiality obligations regarding our pending patents."

Document background
The Separation Agreement And General Release is a crucial document used when formally ending an employment relationship under Austrian law. It serves as a comprehensive settlement instrument that protects both employer and employee interests by clearly defining the terms of separation, including financial arrangements, ongoing obligations, and mutual releases. This document is typically used in situations of mutual agreement to terminate employment, ensuring compliance with Austrian labor laws and providing legal certainty for all parties involved. It addresses mandatory requirements under Austrian employment law, such as severance payments (Abfertigung), reference letters (Dienstzeugnis), and notice periods, while also incorporating provisions for data protection under GDPR. The agreement is particularly important in preventing future disputes by documenting all aspects of the separation and containing a general release of claims, subject to the limitations imposed by Austrian law.
Suggested Sections

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

2. Background: Brief history of employment relationship, current position, and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Severance Payment', and 'Claims'

4. Termination of Employment: Specific details about the termination date and immediate effects

5. Final Salary and Benefits: Details of final regular salary payment, accrued vacation, and other standard entitlements

6. Severance Payment: Amount, timing, and conditions of severance payment (Abfertigung) in accordance with Austrian law

7. Company Property: Obligation to return all company property and timeline for return

8. Confidentiality Obligations: Ongoing duties regarding confidential information and trade secrets

9. General Release: Mutual release of claims between parties, subject to Austrian law limitations

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

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

12. Final Settlement: Confirmation that all claims are settled (Generalbereinigung)

13. Governing Law: Specification of Austrian law as governing law and jurisdiction

14. Entire Agreement: Standard integration clause confirming this as the complete agreement

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation provisions, if applicable under existing employment contract

2. Ongoing Projects: Transition arrangements for specific projects or clients, used when handover is critical

3. Stock Options/Equity: Treatment of any existing stock options or equity rights, if applicable

4. Insurance Continuation: Details about post-employment insurance coverage, if offered

5. Outplacement Services: Terms of any career transition support being offered

6. Press Communication: Agreed approach to external and internal communications about the separation

7. References: Specific agreements about the content and handling of future reference requests

8. Legal Fees: Any agreement regarding payment of legal fees for review of the agreement

9. Pension Arrangements: Special provisions regarding pension or retirement benefits, if applicable

10. Continuing Obligations: Any specific ongoing duties or responsibilities post-employment

Suggested Schedules

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

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

3. Schedule 3 - Benefit Summary: Comprehensive list of benefits and their treatment post-termination

4. Schedule 4 - Outstanding Obligations: List of any remaining obligations on either side

5. Appendix A - Release Details: Specific details of claims being released and any exceptions

6. Appendix B - Data Privacy Notice: GDPR-compliant information about the handling of personal data post-employment

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
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Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Hospitality

Pharmaceutical

Consumer Goods

Agriculture

Mining

Insurance

Automotive

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Production

Administration

Quality Assurance

Business Development

Project Management Office

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Financial Controller

Sales Representative

Marketing Manager

Human Resources Manager

Operations Director

Research Scientist

Account Manager

Business Analyst

Administrative Assistant

Production Supervisor

Legal Counsel

Product Manager

Customer Service Representative

Technical Specialist

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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