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Employer Separation Agreement
"I need an Employer Separation Agreement under Austrian law for a senior software engineer who is leaving voluntarily to join a competitor, with a termination date of March 1, 2025, including strong IP protection clauses and a 6-month non-compete provision."
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
2. Background: Brief context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement, including Termination Date, Final Settlement, etc.
4. Termination of Employment: Formal statement of employment termination, specifying the last working day and end of employment relationship
5. Final Payment and Benefits: Details of final salary, pro-rated bonuses, vacation pay, and other entitlements
6. Severance Payment: Specification of severance payment (Abfertigung) amount and payment terms
7. Company Property: Requirements for returning company property and documents
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Release of Claims: Mutual release of claims, subject to Austrian law restrictions
10. Tax and Social Security: Treatment of payments for tax and social security purposes
11. Final Settlement: Confirmation that the agreement represents full and final settlement
12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Post-Employment Restrictions: Non-compete and non-solicitation provisions, if applicable and agreed (subject to Austrian law restrictions)
2. Reference Letter: Terms regarding the provision of a reference letter (Dienstzeugnis), if not provided simultaneously
3. Stock Options/Benefits: Treatment of outstanding stock options or long-term benefits, if applicable
4. Garden Leave: Terms of garden leave period if employee is not required to work during notice period
5. Ongoing Cooperation: Terms for employee assistance in handover or future inquiries
6. Legal Fees: Agreement on payment of legal fees for review of the agreement
7. Works Council Approval: Reference to works council approval if required
8. Insurance Continuation: Details about continuation or termination of insurance benefits
9. Outplacement Support: Terms of any career transition or outplacement support offered
1. Schedule 1 - Payment Calculation: Detailed calculation of final payment, including salary, severance, and other benefits
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Outstanding Benefits: List of any outstanding benefits and their treatment
4. Schedule 4 - Reference Letter: Draft or final version of the reference letter (Dienstzeugnis)
5. Schedule 5 - Handover Plan: Detailed plan for handover of responsibilities and ongoing projects
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