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The Employee Separation Agreement is a crucial document used in Austrian employment law when an employer and employee mutually agree to end their employment relationship. It serves as a comprehensive record of the separation terms, protecting both parties' interests while ensuring compliance with Austrian labor regulations. This document becomes necessary when employment is terminated by mutual consent rather than unilateral dismissal or resignation, typically used in scenarios involving redundancies, restructuring, or negotiated exits. The agreement covers essential elements such as termination date, financial settlements, continuing obligations, and releases of claims, while adhering to specific requirements under Austrian employment law, including works council rights where applicable. It's particularly important for risk management and providing clarity on post-employment obligations.

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Termination Date: Specification of the official end date of employment and last working day if different

5. Final Payments: Details of salary, pro-rated bonuses, and other regular compensation up to the termination date

6. Severance Payment: Terms of the severance package, including amount and payment timing

7. Company Property: Requirements for returning company property and documents

8. Confidentiality Obligations: Ongoing obligations regarding confidential information

9. Release of Claims: Mutual release of claims between parties, subject to Austrian law requirements

10. Tax Treatment: Tax implications of the separation payments

11. Final Certificates: Provision of employment certificate (Arbeitszeugnis) and other necessary documentation

12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

13. Execution: Signature blocks and execution requirements