Termination Agreement Form Template for Austria

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Key Requirements PROMPT example:

Termination Agreement Form

"I need a Termination Agreement Form under Austrian law for a mutual separation with my senior software developer, effective March 31, 2025, including standard garden leave provisions and a reference letter requirement."

Document background
The Termination Agreement Form is a crucial document used in Austrian employment relationships when both employer and employee agree to end the employment contract by mutual consent. This approach differs from unilateral termination and offers more flexibility in setting termination terms while ensuring compliance with Austrian employment law. The document is particularly useful when parties wish to negotiate terms beyond statutory minimums or need to address specific circumstances of the termination. It typically includes provisions for final payments, benefit arrangements, confidentiality obligations, and release of claims. The agreement must comply with Austrian labor laws, including the ABGB, Labor Constitutional Act, and where applicable, industry-specific collective agreements. For larger organizations, works council consultation may be required before finalizing the agreement.
Suggested Sections

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

2. Background: Brief overview of the employment relationship, including start date and current position

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear specification of the employment termination date and last working day

5. Final Salary and Benefits: Details of final salary payment, including pro-rated bonuses, overtime, and unused vacation days

6. Company Property: Requirements for return of company property, including equipment, documents, and access cards

7. Confidentiality Obligations: Ongoing obligations regarding confidential information

8. Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

9. Tax Treatment: Statement regarding tax implications and responsibilities

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

11. Signatures: Execution block for both parties

Optional Sections

1. Garden Leave: Terms of garden leave if applicable during notice period

2. Post-termination Restrictions: Non-compete or non-solicitation provisions if applicable

3. Reference Letter: Terms regarding the provision of a reference letter (Dienstzeugnis)

4. Severance Payment: Details of any voluntary severance payment beyond statutory requirements

5. Ongoing Benefits: Any benefits that will continue post-termination

6. Works Council Acknowledgment: Required if workplace has a works council

7. Outplacement Support: Details of any career transition services provided

8. Legal Costs: Agreement on payment of legal costs for review of agreement

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of final payment including salary, benefits, and deductions

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

3. Schedule 3 - Benefits Summary: Summary of treatment of various benefits and insurance coverage

4. Appendix A - Statutory Rights: Summary of relevant statutory rights under Austrian law

5. Appendix B - Tax Information: Detailed tax implications and treatment of various payment components

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

Manufacturing

Financial Services

Technology

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Pharmaceuticals

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Labor Relations

Executive Management

Personnel Administration

Corporate Services

Operations Management

Relevant Roles

HR Manager

Legal Counsel

HR Director

Compliance Officer

Employee Relations Manager

HR Business Partner

General Counsel

Labor Relations Specialist

HR Administrator

Department Manager

Managing Director

Chief Human Resources Officer

Personnel Administrator

Recruitment Manager

Benefits Coordinator

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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