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Employment Separation Agreement Template for Austria

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Employment Separation Agreement

"I need an Employment Separation Agreement for a senior software developer in Vienna who will be leaving by mutual agreement on March 1, 2025, including provisions for ongoing consultancy work and protection of intellectual property."

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What is a Employment Separation Agreement?

The Employment Separation Agreement is a crucial document used in Austrian employment relationships when both parties agree to terminate the employment contract by mutual consent. It serves as a comprehensive record of all termination arrangements, ensuring compliance with Austrian employment law requirements, including the ABGB (Austrian Civil Code) and AngG (Salaried Employees Act). This document is typically used when employers and employees wish to formalize the end of their working relationship in a way that protects both parties' interests and provides clear terms regarding financial settlements, ongoing obligations, and future responsibilities. The agreement helps prevent future disputes by clearly documenting all aspects of the separation, from final payment calculations to confidentiality requirements and post-employment restrictions.

What sections should be included in a Employment Separation Agreement?

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

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

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends and confirmation of notice periods under Austrian law

5. Final Salary and Benefits: Details of final regular salary payment, including treatment of any outstanding bonuses or commissions

6. Severance Payment: Details of severance payment (Abfertigung) and calculation method

7. Holiday Entitlement: Settlement of remaining vacation days and time-off credits

8. Company Property: Requirements and timeline for returning company property

9. Confidentiality Obligations: Ongoing obligations regarding confidential information and business secrets

10. Full and Final Settlement: Mutual release of claims, subject to Austrian law requirements

11. Tax and Social Security: Clarification of tax and social security implications

12. Governing Law: Confirmation of Austrian law governance and jurisdiction

13. Signatures: Execution blocks for both parties

What sections are optional to include in a Employment Separation Agreement?

1. Garden Leave: Terms of garden leave period if applicable between notice and termination date

2. Non-Compete Clause: Post-employment competition restrictions, if agreed and compliant with Austrian law restrictions

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

4. Ongoing Benefits: Any continuation of specific benefits post-employment

5. Works Council Approval: Reference to works council involvement if required under Austrian law

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

7. Share Options/Long-Term Incentives: Treatment of outstanding equity or long-term incentive awards

8. Legal Fees: Any agreement regarding payment of legal fees for reviewing the agreement

What schedules should be included in a Employment Separation Agreement?

1. Schedule 1 - Payment Calculation: Detailed breakdown of all final payments including salary, severance, and holiday pay

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

3. Schedule 3 - Benefits Summary: Detailed list of benefits and their treatment post-termination

4. Appendix A - Reference Letter Draft: Draft of the agreed reference letter if applicable

5. Appendix B - Social Security Forms: Required Austrian social security and unemployment registration forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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