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Mutual Agreement On Termination Of Employment Template for Austria

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Key Requirements PROMPT example:

Mutual Agreement On Termination Of Employment

"I need a Mutual Agreement on Termination of Employment for our Senior Software Developer who has agreed to an amicable separation effective March 1, 2025, including provisions for completing current projects and transferring knowledge to their replacement."

Document background
The Mutual Agreement on Termination of Employment is a crucial document used in Austrian employment law when both employer and employee agree to end their employment relationship consensually. This type of agreement is distinct from unilateral termination and offers greater flexibility in terms of timing and conditions. It is commonly used when parties wish to negotiate terms that differ from standard notice periods or when a clean break is desired. The document must comply with Austrian labor laws, including the Arbeitsrecht framework, and typically includes comprehensive details about final payments, benefits, handover arrangements, and post-employment obligations. It's particularly important in situations where an amicable separation is desired, or when specific termination terms need to be negotiated that differ from standard contractual provisions. The agreement provides legal certainty for both parties and helps prevent future disputes by clearly documenting all aspects of the employment termination.
Suggested Sections

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

2. Background: Brief context of the employment relationship, including start date, position, and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when the employment relationship will end

5. Final Salary and Benefits: Details of final salary payment, including pro-rata payments for unused vacation, bonuses, and other entitlements

6. Severance Payment: Details of any severance payment (Abfertigung) to be made, including calculation method and payment date

7. Mutual Release: Mutual waiver of claims and release of liabilities between parties

8. Confidentiality: Ongoing obligations regarding confidential information

9. References: Agreement on the provision of employment references (Arbeitszeugnis)

10. Governing Law: Confirmation that the agreement is governed by Austrian law

11. Signatures: Execution block for both parties

Optional Sections

1. Company Property: Details of company property to be returned, used when employee has company assets

2. Non-Competition: Post-employment competition restrictions, if applicable and agreed

3. Ongoing Projects: Handover arrangements for ongoing projects or responsibilities

4. Garden Leave: Terms of any garden leave period before final termination

5. Special Benefits: Any additional benefits or arrangements specific to the termination

6. Insurance Continuation: Details about continuing insurance coverage, if applicable

7. References Consent: Specific agreements about future employment references and recommendations

8. Tax Implications: Special clauses regarding tax treatment of payments, if needed

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment including salary, vacation pay, and other entitlements

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

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

4. Appendix A - Handover Protocol: Template or checklist for handover of responsibilities

5. Appendix B - Reference Letter Template: Draft or template of agreed employment reference

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

Relevant legal definitions


























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Relevant Industries

Banking and Financial Services

Information Technology

Manufacturing

Retail

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Relevant Teams

Human Resources

Legal

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Compliance

Employee Relations

Payroll

Risk Management

Corporate Services

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

HR Director

HR Manager

Legal Counsel

Finance Director

Operations Manager

Project Manager

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Marketing Manager

Software Developer

Account Manager

Administrative Assistant

Production Supervisor

Research Scientist

Customer Service Representative

Business Analyst

Technical Specialist

Executive Assistant

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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