The Contract Between Employer And Employee is a fundamental legal document used in Austria to establish and regulate the employment relationship between companies and their employees. This contract type is essential for any employment arrangement in Austria, whether for full-time, part-time, or fixed-term positions. It must comply with Austrian labor law requirements, including provisions from the Austrian Labour Law (Arbeitsrecht), Working Hours Act (Arbeitszeitgesetz), and various other employment-related legislation. The document serves as a binding agreement that protects both parties' interests while ensuring adherence to mandatory legal requirements regarding working conditions, remuneration, leave entitlements, and termination procedures. It's particularly important as Austrian employment law provides strong employee protections and requires specific terms to be explicitly documented in the employment contract.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the contract
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, and primary responsibilities
5. Commencement and Duration: Start date and type of contract (indefinite or fixed-term)
6. Probationary Period: Length and terms of the initial probationary period
7. Working Hours: Regular working hours, flexibility arrangements, and overtime provisions
8. Place of Work: Primary workplace location and any mobility requirements
9. Remuneration: Salary, payment schedule, and any additional benefits
10. Annual Leave: Holiday entitlement and rules for requesting/taking leave
11. Sick Leave and Other Absences: Procedures for reporting illness and other authorized absences
12. Confidentiality: Obligations regarding company information and trade secrets
13. Data Protection: Handling of personal data and privacy obligations
14. Termination: Notice periods and grounds for termination
15. Governing Law: Confirmation of Austrian law application and jurisdiction
16. Signatures: Execution section for both parties
1. Bonus and Commission: Include when the role includes performance-based compensation
2. Intellectual Property: Required for positions involving creative work or innovations
3. Non-Competition: For senior positions or roles with access to sensitive business information
4. Company Car: When a vehicle is provided as part of the employment package
5. Remote Working: Include if remote work arrangements are permitted
6. Training and Development: For positions with specific training requirements or development programs
7. Stock Options: When employee is eligible for company share schemes
8. International Travel: For roles requiring regular international travel
9. Language Requirements: When specific language skills are essential for the role
10. Works Council Provisions: Required if a works council exists in the company
1. Job Description: Detailed outline of responsibilities and requirements
2. Benefits Package: Comprehensive list of all employee benefits
3. Company Policies: Key workplace policies the employee must adhere to
4. Bonus Scheme Rules: Detailed terms of any performance-based compensation
5. IT and Communications Policy: Rules regarding use of company equipment and systems
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