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Separation Letter Template for Austria

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Key Requirements PROMPT example:

Separation Letter

"I need a Separation Letter in German and English for a senior software developer in Vienna who will be leaving on mutual agreement effective March 15, 2025, with a one-month garden leave period and including standard confidentiality and non-compete clauses."

Document background
The Separation Letter (Trennungsvereinbarung) is a crucial document in Austrian employment law used when an employer and employee mutually agree to end their employment relationship. It serves as a formal record of the termination terms and helps prevent future disputes by clearly documenting all aspects of the separation. This document is particularly important in Austria due to the specific requirements of local labor laws, including the Salaried Employees Act (Angestelltengesetz) and various collective bargaining agreements. The separation letter typically comes into play during amicable separations, corporate restructuring, or when both parties wish to formalize terms that differ from standard statutory provisions. It must address mandatory elements under Austrian law while also considering any applicable works council rights and GDPR compliance requirements. The document provides certainty for both parties by clearly stating the termination date, financial settlements, ongoing obligations, and any special arrangements agreed upon.
Suggested Sections

1. Letterhead and Date: Company letterhead including full legal entity name, address, and current date

2. Employee Details: Full name and address of the employee

3. Subject Line: Clear indication that this is a separation letter (Trennungsvereinbarung)

4. Confirmation of Termination: Clear statement of the mutual agreement to terminate the employment relationship

5. Effective Date: Specific date when the employment relationship will end

6. Final Working Day: Specification of the last working day, if different from the termination date

7. Financial Settlement: Overview of final salary, severance payment (Abfertigung), and other outstanding payments

8. Return of Company Property: List of company items to be returned and deadline

9. Confidentiality Obligations: Reminder of ongoing confidentiality obligations

10. Reference Letter: Confirmation that a reference letter (Dienstzeugnis) will be provided

11. Signature Block: Space for signatures of both employer and employee representatives

Optional Sections

1. Garden Leave: Used when the employee is not required to work during the notice period but will continue to receive salary

2. Non-Competition: Include when there are post-employment competition restrictions to be reminded of

3. Outstanding Vacation: Section detailing vacation day calculations and compensation when there are unused vacation days

4. Bonus Treatment: Include when there are outstanding bonus or commission payments to be addressed

5. Benefits Continuation: Used when certain benefits will continue for a period after termination

6. Legal Claims Waiver: Include when there is a mutual waiver of legal claims as part of the separation

7. Works Council Reference: Required if works council was involved in the termination process

Suggested Schedules

1. Schedule 1: Payment Calculation: Detailed breakdown of all final payments including salary, severance, vacation pay, and other benefits

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

3. Schedule 3: Benefits Summary: Detailed information about the treatment of various benefits post-termination

4. Appendix A: Data Privacy Notice: Required GDPR information regarding the processing of personal data post-employment

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


















Clauses


























Relevant Industries

Banking and Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Telecommunications

Energy

Transportation and Logistics

Real Estate

Media and Entertainment

Hospitality

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Corporate Affairs

Personnel Administration

Labor Relations

Executive Leadership

Operations Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compliance Officer

Employee Relations Manager

HR Administrator

Personnel Manager

Corporate Lawyer

Labor Relations Specialist

HR Operations Manager

General Counsel

Chief Human Resources Officer

HR Coordinator

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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