The At Will Employee Termination Letter, while termed as such, must be adapted to meet Austrian legal requirements, as Austria does not recognize pure "at-will" employment. This document is used when an employer wishes to terminate an employment relationship in Austria, requiring careful attention to statutory notice periods, employee protections, and procedural requirements. The letter serves as official documentation of the termination decision and must include specific elements required by Austrian labor law, such as clear termination declarations, notice periods, and final settlement information. It's essential for ensuring legal compliance while maintaining professional relationships and minimizing potential disputes. The document should be prepared with consideration of the Austrian Civil Code, Salaried Employees Act, and potential works council involvement, making it significantly different from its US counterpart.
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1. Letter Header: Company letterhead, date, and formal addressing of the employee with their full name and address
2. Subject Line: Clear indication that this is a termination notice (K眉ndigungsschreiben)
3. Termination Declaration: Clear and unambiguous statement of employment termination
4. Notice Period: Specification of the applicable notice period and the final working day
5. Return of Company Property: Instructions regarding the return of company assets, equipment, and documents
6. Final Settlement: Information about final salary payment and settlement of remaining vacation days
7. Signature Block: Company representative's signature, name, and position
1. Reason for Termination: Include only if required by collective agreement or if providing reasons is strategically advantageous
2. Garden Leave: Include if the employee is to be released from duty during the notice period
3. Reference Letter: Information about the provision of a reference letter (Arbeitszeugnis), if not provided separately
4. Non-Compete Reminder: Include if there are post-employment restrictions that remain in effect
5. Handover Instructions: Include if there are specific project handover requirements or procedures
6. Works Council Notice: Reference to works council consultation if applicable
7. Severance Package: Include if offering additional benefits beyond statutory requirements
1. Handover Checklist: List of company property to be returned and tasks to be completed before departure
2. Final Settlement Calculation: Detailed breakdown of final payment including salary, vacation days, and any additional compensation
3. Exit Process Document: Overview of administrative procedures for the employee's last working day
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