An Employment Agreement under Austrian law is a fundamental document required whenever a new employment relationship is established in Austria. This agreement serves as the primary document defining the rights, obligations, and terms of employment between an employer and employee. It must comply with Austrian labor laws, including the Labour Constitutional Act, Working Time Act, and relevant collective bargaining agreements. The document should be prepared before the employment commences and typically includes essential information about the role, compensation, working hours, leave entitlements, notice periods, and data protection provisions. It's particularly important to note that Austrian employment law provides strong employee protections, and certain terms must be explicitly included to be enforceable. The agreement should be drafted in a way that balances the employer's operational needs with mandatory employee rights under Austrian law.
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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 any relevant preliminary agreements
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, responsibilities, and reporting lines
5. Commencement and Duration: Start date, type of contract (fixed-term/indefinite), and probationary period if applicable
6. Place of Work: Primary workplace location and any mobility requirements
7. Working Hours: Regular working hours, break times, and overtime arrangements in compliance with AZG
8. Remuneration: Base salary, payment intervals, and any guaranteed bonuses or allowances
9. Leave Entitlements: Annual leave, public holidays, and sick leave provisions
10. Social Insurance: Mandatory social insurance contributions and coverage
11. Termination: Notice periods, grounds for termination, and procedural requirements
12. Confidentiality: Protection of company secrets and confidential information
13. Data Protection: Handling of employee personal data in compliance with DSG
14. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Collective Bargaining Agreement: Reference to applicable collective agreement - required if the employer is subject to a collective agreement
2. Non-Competition: Post-employment competition restrictions - relevant for senior positions or employees with access to sensitive information
3. Company Car: Terms of company car provision - include if offering vehicle benefits
4. Variable Compensation: Bonus schemes, commission structures - include for sales or performance-based roles
5. Remote Work: Home office or remote working arrangements - relevant for hybrid or remote positions
6. International Travel: Travel requirements and compensation - include for positions requiring business travel
7. Training and Development: Professional development commitments and training repayment terms
8. Stock Options/Benefits: Share schemes or equity participation - relevant for senior positions or startups
9. Intellectual Property: IP rights assignment - crucial for creative or technical roles
1. Job Description: Detailed description of role, responsibilities, and requirements
2. Compensation Details: Breakdown of salary components, benefits, and calculation methods
3. Company Policies: Key workplace policies including IT, social media, and code of conduct
4. Bonus Scheme Rules: Detailed terms of any variable compensation programs
5. Working Time Records: Template for recording working hours as required by Austrian law
6. Company Car Policy: Details of company car usage and maintenance requirements
7. Data Privacy Notice: Detailed information about personal data processing
8. Health and Safety Guidelines: Workplace safety protocols and procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Professional Services
Healthcare
Retail
Education
Construction
Hospitality
Transportation
Energy
Media and Entertainment
Telecommunications
Real Estate
Agriculture
Non-Profit
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Production
Quality Assurance
Business Development
Procurement
Corporate Communications
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Software Engineer
Sales Manager
Financial Controller
HR Manager
Marketing Specialist
Production Supervisor
Research Scientist
Administrative Assistant
Customer Service Representative
Project Manager
Business Analyst
Operations Manager
Legal Counsel
Account Manager
Technical Support Specialist
Data Analyst
Product Manager
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