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Mutual Employment Termination Agreement
"I need a Mutual Employment Termination Agreement under Austrian law for a senior software engineer who has agreed to leave our technology company by March 1, 2025, including provisions for handover of ongoing projects and treatment of unvested stock options."
1. Parties: Identification of the employer and employee with full legal names, addresses, and relevant registration numbers
2. Background: Brief description of the employment relationship, including start date, position, and current circumstances leading to mutual termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Clear specification of the final day of employment and any handover period
5. Financial Settlement: Details of final salary, pro-rated bonuses, outstanding vacation pay, and any severance payment
6. Company Property: Requirements and timeline for returning company property, documents, and data
7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets
8. Final Release: Mutual waiver of claims and release of liabilities, subject to Austrian law limitations
9. Reference Letter: Commitment to provide a reference letter (Dienstzeugnis) as required by Austrian law
10. Social Security and Tax: Acknowledgment of obligations regarding social security and tax declarations
11. Governing Law: Confirmation that the agreement is governed by Austrian law
12. Execution: Signature blocks and date of agreement
1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, if applicable and previously agreed in the employment contract
2. Benefits Continuation: Any continuation of benefits or insurance coverage beyond termination
3. Outstanding Stock Options: Treatment of any existing stock options or equity-based compensation
4. Outplacement Support: Details of any career transition or outplacement services being provided
5. Works Council Acknowledgment: Required if a works council exists and has been involved in the termination process
6. Special Protection Declaration: Required for employees under special protection (e.g., pregnant employees, disabled employees)
7. Training Costs Repayment: Handling of any outstanding training cost repayment obligations
8. Garden Leave: Terms of any garden leave period before final termination
1. Schedule 1 - Financial Settlement Calculation: Detailed breakdown of all financial elements including salary, bonuses, and severance
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 - Reference Letter Draft: Draft of the agreed reference letter content
5. Appendix B - Handover Plan: Detailed plan for handover of responsibilities and ongoing projects
Authors
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Construction
Education
Telecommunications
Energy
Transportation
Media and Entertainment
Real Estate
Hospitality
Consumer Goods
Human Resources
Legal
Compliance
Executive Leadership
Personnel Administration
Employee Relations
Corporate Governance
Operations Management
HR Manager
Legal Counsel
HR Director
Chief Human Resources Officer
Employment Lawyer
HR Business Partner
Compliance Officer
Personnel Administrator
HR Operations Manager
Employee Relations Manager
General Counsel
Department Manager
Line Manager
Managing Director
Chief Executive Officer
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