Work Settlement Agreement Template for Austria

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Key Requirements PROMPT example:

Work Settlement Agreement

"I need an Austrian Work Settlement Agreement for a departing Chief Technology Officer with extensive stock options, planning to leave by March 2025, which must include post-employment restrictions and treatment of unvested equity."

Document background
The Work Settlement Agreement is utilized in Austrian employment contexts when an employer and employee mutually agree to terminate their employment relationship. This document is particularly important under Austrian law as it provides a clear framework for amicable separation while ensuring compliance with local employment regulations. It is commonly used when parties wish to avoid potential disputes or litigation, or when implementing a voluntary redundancy program. The agreement typically includes comprehensive details about financial settlements, reference provisions, and mutual releases, while ensuring adherence to Austrian-specific requirements such as mandatory severance pay (Abfertigung) calculations and works council consultation where applicable. This type of agreement is especially relevant in corporate restructuring, voluntary departures, or when resolving potential employment disputes through negotiated settlements.
Suggested Sections

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

2. Background: Brief history of employment relationship, including start date, position, and context leading to the settlement

3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Settlement Sum', and other relevant terms

4. Termination Date: Clear statement of when the employment relationship ends and last working day

5. Settlement Payment: Detailed breakdown of the settlement sum, including basis for calculation and payment terms

6. Tax and Social Security: Treatment of payments for tax and social security purposes, including any special tax provisions

7. Final Salary and Benefits: Details of final salary payment, pro-rated bonuses, and treatment of benefits

8. Company Property: Requirements for return of company property and confirmation of data deletion

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Release of Claims: Mutual release of claims and waiver of rights to future claims

11. References: Agreement on the content and format of employment references

12. Governing Law: Confirmation that Austrian law governs the agreement

13. Execution: Signature blocks and date of agreement

Optional Sections

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

2. Post-Employment Restrictions: Non-compete or non-solicitation clauses if applicable and agreed

3. Works Council Approval: Required if works council exists and needs to be involved

4. Continuing Obligations: Any ongoing obligations post-termination

5. Stock Options/Share Awards: Treatment of any equity-based compensation

6. Legal Costs: Agreement on payment of legal fees for agreement review

7. Pension Arrangements: Details of pension scheme arrangements if applicable

8. Company Accommodation: Terms for vacating company housing if provided

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of settlement payment calculation

2. Schedule 2 - Benefits Summary: List of benefits and their treatment post-termination

3. Schedule 3 - Company Property List: Inventory of company property to be returned

4. Appendix A - Reference Letter: Agreed form of employment reference

5. Appendix B - Certificate of Service: Dienstzeugnis as required under Austrian law

6. Appendix C - Tax Declaration: Required tax forms for special tax treatment of severance payments

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
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Retail

Construction

Education

Telecommunications

Energy

Transportation

Hospitality

Media and Entertainment

Real Estate

Agriculture

Relevant Teams

Human Resources

Legal

Compliance

Finance

Employee Relations

Compensation and Benefits

Labor Relations

Executive Leadership

Operations

Administrative Support

Relevant Roles

Human Resources Director

Legal Counsel

HR Manager

Employment Lawyer

HR Business Partner

Compensation and Benefits Manager

Employee Relations Manager

HR Operations Manager

Chief Human Resources Officer

Labor Relations Specialist

HR Administrator

Compliance Officer

Chief Legal Officer

General Counsel

HR Consultant

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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