The Co-Employment Agreement is essential in situations where an employee provides services to two distinct but related employer entities in Austria. This arrangement is commonly used in corporate group structures, joint ventures, or collaborative business arrangements where sharing skilled personnel is beneficial. The document comprehensively addresses the complexities of dual employment relationships under Austrian law, including working time allocation, remuneration structures, social security obligations, and management responsibilities. It ensures compliance with Austrian labor regulations while providing clarity on the rights and obligations of all parties. The agreement is particularly valuable for organizations seeking to optimize resource utilization while maintaining legal compliance and protecting employee rights under Austrian employment law.
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Key Requirements PROMPT example:
Co Employment Agreement
"I need an Austrian Co-Employment Agreement for a senior software developer who will split their time 60/40 between our main tech company and our new AI research subsidiary, starting March 1, 2025, with particular emphasis on IP rights and data protection provisions."
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1. Parties: Identification of all parties: Primary Employer, Co-Employer, and Employee
2. Background: Context of the co-employment arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific Austrian legal terminology
4. Term and Commencement: Duration of the co-employment arrangement and start date
5. Employment Status and Duties: Definition of the employee's role, responsibilities, and reporting relationships with both employers
6. Allocation of Working Time: Distribution of working hours between co-employers and working time arrangements
7. Remuneration and Benefits: Salary, benefits, and how costs are shared between co-employers
8. Management and Supervision: Day-to-day management responsibilities and decision-making authority of each employer
9. Social Security and Insurance: Arrangements for social security contributions and insurance coverage
10. Health and Safety Responsibilities: Division of workplace safety obligations between co-employers
11. Confidentiality and Data Protection: Protection of confidential information and personal data handling
12. Termination Provisions: Conditions and procedures for ending the co-employment arrangement
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution procedures
1. Intellectual Property Rights: Used when the employee's work involves creation of IP, specifying ownership between employers
2. Non-Competition and Non-Solicitation: Include when protecting business interests from competition is necessary
3. International Travel: Required when the role involves cross-border work
4. Training and Development: Include when specific arrangements for sharing training costs and responsibilities exist
5. Performance Management: Used when detailed performance evaluation processes between employers are needed
6. Bonus Arrangements: Include when special bonus or commission structures apply
7. Works Council Provisions: Required when employees are represented by works councils
8. Location Flexibility: Include for arrangements involving remote work or multiple work locations
1. Schedule 1 - Job Description: Detailed description of role and responsibilities for each employer
2. Schedule 2 - Time Allocation Matrix: Specific breakdown of working time between employers
3. Schedule 3 - Cost Sharing Agreement: Detailed breakdown of how employment costs are shared
4. Schedule 4 - Benefits Package: Comprehensive list of benefits and provider responsibilities
5. Schedule 5 - Workplace Locations: Details of all work locations and facilities access
6. Appendix A - Reporting Structure: Organizational charts showing reporting lines in both organizations
7. Appendix B - Communication Protocols: Procedures for communication between employers regarding the employee
8. Appendix C - Emergency Contacts: List of key contacts at both employers for various situations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Manufacturing
Consulting
Research and Development
Healthcare
Education
Financial Services
Media and Entertainment
Telecommunications
Shared Services
Biotechnology
Relevant Teams
Human Resources
Legal
Finance
Operations
Research and Development
Information Technology
Project Management Office
Administration
Corporate Services
Compliance
Risk Management
Relevant Roles
Project Manager
Software Developer
Research Scientist
Financial Analyst
HR Specialist
Operations Manager
Business Consultant
Legal Counsel
Marketing Director
Technical Architect
Product Manager
Sales Executive
Department Head
Senior Engineer
Administrative Officer
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