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Mutual Agreement To Terminate Employment Template for Austria

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Key Requirements PROMPT example:

Mutual Agreement To Terminate Employment

"I need a Mutual Agreement To Terminate Employment under Austrian law for a senior software developer who will be leaving amicably to join a non-competitor, with a termination date of March 1, 2025, including garden leave provisions and a negotiated severance package."

Document background
The Mutual Agreement To Terminate Employment is a critical document used in Austrian employment law when both employer and employee agree to end their employment relationship by mutual consent. This approach differs from unilateral termination and offers more flexibility in setting termination terms while ensuring compliance with Austrian labor regulations. The document is particularly useful when parties wish to negotiate terms beyond statutory minimums or require specific arrangements for the termination. It typically includes provisions for final settlements, severance payments, benefit continuations, and mutual releases, all structured within the framework of Austrian employment law. This agreement type can help avoid potential disputes and provides clarity on post-employment obligations while ensuring all statutory requirements are met.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, including 'Termination Date', 'Final Settlement', etc.

4. Mutual Agreement to Terminate: Clear statement of both parties' agreement to terminate the employment relationship and the effective termination date

5. Final Salary and Benefits: Details of final salary payment, including pro-rated salary, outstanding vacation days, and any other statutory entitlements

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

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

8. Confidentiality Obligations: Confirmation of ongoing confidentiality obligations post-employment

9. Mutual Release: Mutual waiver of claims related to the employment relationship

10. Tax and Social Security: Clarification of tax and social security implications of the termination

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

12. Signatures: Execution block for both parties

Optional Sections

1. Garden Leave: Include when the employee will be placed on garden leave until the termination date

2. Post-termination Restrictions: Include when existing non-compete or non-solicitation clauses need to be addressed

3. Reference Letter: Include when arrangements for providing a reference letter (Dienstzeugnis) need to be specified

4. Benefits Continuation: Include when certain benefits will continue post-termination

5. Works Council Acknowledgment: Include when works council consultation has been required

6. Outstanding Bonus/Commission: Include when there are outstanding variable compensation elements to be addressed

7. Training Cost Repayment Waiver: Include when waiving any training cost repayment obligations

8. Company Housing: Include when company housing arrangements need to be addressed

Suggested Schedules

1. Schedule 1 - Final Settlement Calculation: Detailed calculation of all final payments including salary, severance, and other entitlements

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

3. Schedule 3 - Existing Post-Contractual Obligations: Summary of relevant clauses from the employment contract that survive termination

4. Appendix A - Data Privacy Notice: Information about the handling of employee data post-termination

5. Appendix B - Tax Treatment Summary: Overview of tax treatment of various payment components

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

Technology and Software

Manufacturing

Retail and Consumer Goods

Professional Services

Healthcare

Education

Construction

Telecommunications

Energy and Utilities

Transportation and Logistics

Media and Entertainment

Real Estate

Hospitality and Tourism

Pharmaceutical

Insurance

Automotive

Agriculture

Mining and Resources

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Compliance

Employee Relations

Payroll

General Counsel Office

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Human Resources Director

Legal Counsel

Finance Director

Department Manager

Team Leader

Project Manager

Sales Manager

Operations Manager

Technical Lead

Senior Engineer

Marketing Manager

Account Manager

Research Scientist

Administrative Officer

Production Supervisor

Customer Service Manager

Business Development Manager

IT Manager

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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