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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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You keep IP ownership聽of your information
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
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
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
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Talent Management
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HR Manager
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Managing Director
Department Head
Chief Executive Officer
Human Resources Director
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Finance Director
Operations Manager
General Manager
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