Agreement ending employment by mutual consent (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A termination by mutual consent of an employment in Austria (einvernehmliche Auflösung), as an agreement between employer and employee: end date, final pay and garden leave, leave and pay in lieu, statutory and voluntary severance (Abfertigung), the written reference and the return of work equipment. It asks about protection under Austria's Maternity Protection Act (MSchG) and Fathers' Parental Leave Act (VKG), which requires writing (§ 10 Abs 7 MSchG), and about the works council (§ 104a ArbVG). The AMS imposes no waiting period afterwards. Not for apprenticeships. In German.
What you fill in
The details the document asks for.
- Employer
- Employer's registered address
- Employer's company register number (FN) and register court, if registered
- Person signing for the employer
- Employee's academic degree (optional)
- Employee
- Date of birth
- Employee's address
- Employment began on
- Applicable collective agreement (or “none”)
- Date of termination
- Special protection against dismissal (maternity, parental leave)
- Works council: was a consultation asked for before signing
- Final pay settled by
- Release from work on full pay (garden leave): from which date (or “none”)
- Leave still open at the end (working days)
- What happens to the leave still open
- Voluntary severance pay (freiwillige Abfertigung), gross, in euros (0 if none)
- Work equipment to return (e.g. laptop, keys, cards)
- Other terms agreed (or “none”)
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Does a termination by mutual consent in Austria have to be in writing?
- As a rule no; writing serves as proof and meets any written-form clause in a collective agreement or contract. It is mandatory for an employee protected under the Maternity Protection Act; if she is a minor, a certificate from the labour and social court or the Chamber of Labour (Arbeiterkammer) that she was advised is also needed (§ 10 Abs 7 MSchG). The same applies to fathers protected under the Fathers' Parental Leave Act (VKG), which refers to this provision. An apprenticeship has its own rules (§ 15 Abs 5 BAG): this agreement is not meant for it.
- What does asking for the works council before a mutual termination in Austria do?
- If the employee demonstrably asks to consult the works council before signing, no valid agreement can be made for two working days after that request (§ 104a ArbVG). If one is signed anyway, its invalidity must be asserted in writing within one week after those two days and taken to court within three months. The agreement therefore records whether there is a works council and whether a consultation was asked for.
- What does a mutual termination in Austria mean for unemployment benefit and severance pay?
- Unlike after a resignation, the AMS imposes no four-week waiting period (§ 11 AlVG). Since 1 January 2026, however, a marginal job alongside unemployment benefit is allowed only in exceptional cases. The new-system severance (Abfertigung Neu) can be paid out after at least 36 months of contributions (§ 14 BMSVG); where the employment is still under the old system (Abfertigung Alt), it is owed on a mutual termination. Voluntary severance is added only if agreed.
- Does the Austrian mutual termination agreement waive all other claims?
- No. It deliberately contains no general settlement clause: it covers the points the parties agree on and records that other claims from the employment are unaffected. If the parties want to settle more, they write it under “Weitere Vereinbarungen” (further terms); the Chamber of Labour and the Economic Chamber advise their members on this. Both sign two identical copies, and each party keeps one.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
Related documents
- Organisation's request and confirmation for the child-protection or care criminal record certificate (Austria)
The written request and confirmation, addressed to the person, that clubs, schools, nurseries, parishes, care providers and other employers issue for the special criminal record certificates Kinder- und Jugendfürsorge (work with children) or Pflege und Betreuung (care work) under Austria's Criminal Records Act (§ 10(1b) and (1d) StRegG): that the person needs it for a specific paid or volunteer activity mainly involving minors or the care of defenceless persons, and whether the work is voluntary (fee exemption). The Interior Ministry provides a model confirmation free of charge; this is a version of our own, as the organisation's letter. In German.
- Notice of sick leave to the employer (Austria)
The written notice an employee in Austria gives the employer on going on sick leave (Krankenstand): when the incapacity began, how long it is expected to last and its cause — illness, accident, work accident or occupational disease — but never a diagnosis. Under the Austrian Salaried Employees Act (§ 8 Abs 8 AngG) and Continued Remuneration Act (§ 4 Abs 1 EFZG) the absence is reported without delay, and the confirmation of incapacity (Arbeitsunfähigkeitsbestätigung) shown when the employer asks. No form is prescribed: the letter is your proof. In German, ready to print and sign.
- Notice of illness during holiday (Austria)
An employee in Austria who falls ill on holiday does not lose the days: if the illness lasts more than three calendar days, the days of incapacity are not counted against the holiday entitlement (§ 5 UrlG, the Austrian Holiday Act). The employer must be told without delay after three days, and a doctor's confirmation shown on returning to work. This letter records both, with the holiday dates and the start and expected length of the incapacity, without a diagnosis — and a choice for illness abroad, where an official confirmation or a hospital's confirmation is needed. In German.
- Notice of care leave to the employer (Austria)
The notice telling an employer in Austria that you are taking care leave (Pflegefreistellung) under § 16 UrlG, the Austrian Holiday Act: to nurse a sick close relative or a sick member of your household, to look after your child when the person who normally cares for it is unavailable, or to stay with a child under ten in hospital. You choose whether this is the first week, the second week for a child under twelve who falls ill again or, once both are used, holiday taken without agreement (§ 16 Abs 3 UrlG). The employer keeps paying. No diagnosis. In German.
- Free service contract with written particulars — freier Dienstvertrag (Austria)
A free service contract under § 4(4) of the Austrian General Social Insurance Act (ASVG) for people who provide services to a client over a period without being bound to working hours, a place of work or instructions. It contains every particular of the written statement (Dienstzettel) required by § 1164a ABGB, so no separate statement is needed: start and term, an optional probation month, the notice periods of four and six weeks in force since 1 January 2026, the work, pay with due date and method, the social insurance carrier, the severance fund and any applicable collective agreement. In German.
- Leave request and leave agreement (Austria)
A request to an Austrian employer to agree the dates of your annual leave under § 4(1) of the Austrian Leave Act (UrlG): the period, the number of days — counted as Werktage (Monday to Saturday) or as working days, as your workplace counts them — the leave year and who covers for you. In Austria leave is agreed, not granted: below the letter, both sides sign the leave agreement or record different dates. No form is prescribed; the signed sheet proves the agreement. In German, ready to print and sign.