The Layoff Letter (Kündigungsschreiben) is a crucial document in Austrian employment law, used to formally terminate an employment relationship. It must comply with Austria's strict labor regulations, including specific notice periods defined in the Salaried Employees Act (Angestelltengesetz) and Labor Law Act (Arbeitsrecht). This document is essential when an employer needs to terminate an employment relationship for legitimate business reasons, ensuring the process is handled legally and professionally. The letter must include specific elements such as clear termination declaration, last working day, and final settlement information. Special consideration must be given to protected employees, works council involvement, and mandatory notice periods varying based on years of service.
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1. Company Letterhead and Date: Official company letterhead with full legal company name, address, and current date
2. Employee Information: Full name and address of the employee
3. Subject Line: Clear indication that this is a termination notice (Kündigungsschreiben)
4. Termination Declaration: Clear and unambiguous statement of employment termination
5. Last Working Day: Specific mention of the last working day, considering statutory notice periods
6. Return of Company Property: Request for return of all company property by the last working day
7. Final Settlement: Information about final salary payment and outstanding vacation days
8. Signature Block: Company representative's signature and title
1. Works Council Reference: Required if there is a works council - confirmation that they have been consulted
2. Garden Leave: Include if the employee is being placed on garden leave during the notice period
3. Reference Letter Offer: Mention of providing a reference letter (Arbeitszeugnis) if this is being offered
4. Special Benefits: Any additional benefits or severance packages being offered beyond statutory requirements
5. Non-Compete Reminder: If applicable, reminder of existing non-compete obligations
6. Handover Instructions: Include if specific handover of duties/projects is required
1. Inventory List: List of company property to be returned
2. Benefits Summary: Detailed breakdown of final payments and benefits
3. Handover Checklist: Detailed list of tasks and responsibilities to be handed over
4. Exit Process Document: Step-by-step guide for the employee's exit process
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