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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."
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
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
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
Company
Employee
Termination Date
Effective Date
Employment Contract
Severance Payment
Final Salary
Confidential Information
Company Property
Claims
Released Claims
Parties
Reference Letter
Works Council
Business Day
Notice Period
Final Settlement
Intellectual Property Rights
Personal Data
Trade Secrets
Accrued Benefits
Social Security Contributions
Tax Obligations
Compensation
Benefits
Continuing Obligations
Governing Law
Abfertigung
Dienstzeugnis
Affiliates
Group Companies
Professional Fees
Data Protection Laws
GDPR
Confidentiality Obligations
Company Documents
Work Product
Post-Employment Restrictions
Settlement Sum
Interpretation
Termination
Payment Terms
Final Salary
Severance Payment
Benefits
Tax Obligations
Social Security
Company Property Return
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Intellectual Property
General Release
Mutual Release
Reference Letter
Final Settlement
Legal Fees
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Waiver
Notice
Third Party Rights
Counterparts
Assignment
Force Majeure
Compliance with Laws
Dispute Resolution
Indemnification
Representations and Warranties
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
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
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
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