The Affidavit of Separation from Employment is a crucial document used in Austrian employment law to formally document the end of an employment relationship. It is typically required when there is a need for a sworn statement regarding the circumstances of employment termination, whether for legal proceedings, administrative purposes, or future reference. The document combines the formal requirements of an affidavit under Austrian civil procedure law with the substantive requirements of employment documentation under Austrian labor law. It serves multiple purposes, including confirming the return of company property, acknowledging ongoing obligations, and documenting final payments. This affidavit is particularly important in situations where there might be future disputes or when formal documentation of the employment termination is required for official purposes.
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1. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
2. Employment Details: Basic information about the employment relationship, including employer name, position held, and dates of employment
3. Separation Information: Details about the termination of employment, including the effective date and nature of separation (resignation, dismissal, mutual agreement, etc.)
4. Final Payment Details: Statement regarding final salary, severance pay, and any other outstanding payments or benefits
5. Company Property: Declaration regarding the return of all company property, documents, and materials
6. Confidentiality Acknowledgment: Statement acknowledging ongoing obligations regarding confidential information
7. Truth Declaration: Formal declaration that all statements made in the affidavit are true and correct
8. Signature Block: Space for signature, date, and notary authentication
1. Non-Compete Acknowledgment: Include when the employee was subject to non-compete obligations that survive employment termination
2. Intellectual Property Rights: Include when the employee was involved in creating intellectual property during employment
3. Outstanding Claims: Include when there are any pending worker's compensation or other employment-related claims
4. Works Council Statement: Include when the employee was represented by a works council
5. Training Cost Repayment: Include when there are agreements regarding repayment of training costs
6. Holiday Entitlement Settlement: Include when there are outstanding holiday entitlements to be settled
1. Schedule A - Employment Contract Reference: Copy or details of the original employment contract and any amendments
2. Schedule B - Final Payment Calculation: Detailed breakdown of final payment including salary, severance, and other benefits
3. Schedule C - Company Property Checklist: Itemized list of company property returned by the employee
4. Schedule D - Continuing Obligations: Detailed list of any continuing obligations post-employment
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