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Executive Employment Agreement Template for Austria

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Executive Employment Agreement

"I need an Executive Employment Agreement under Austrian law for appointing a new Chief Technology Officer in our software company, starting March 1, 2025, with special focus on IP protection and international travel provisions as they will oversee our European operations."

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What is a Executive Employment Agreement?

The Executive Employment Agreement is a crucial legal document used when appointing senior-level executives in Austria. It establishes the formal employment relationship between a company and its executive employees, incorporating specific requirements under Austrian employment law and corporate regulations. This agreement is typically used for C-level executives, managing directors, and other senior management positions where special provisions regarding authority, responsibility, and compensation need to be clearly defined. The document addresses unique aspects of executive employment such as variable compensation, strategic decision-making powers, and representative authority, while ensuring compliance with Austrian labor law, including the Salaried Employees Act. It also typically includes provisions for confidentiality, non-competition, and intellectual property rights, tailored to the executive nature of the role.

What sections should be included in a Executive Employment Agreement?

1. Parties: Identification of the employer company and the executive employee with full legal names and addresses

2. Background: Brief context of the agreement and the executive appointment

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Position title, effective date, and duration of appointment (fixed-term or indefinite)

5. Duties and Responsibilities: Executive's primary responsibilities, reporting lines, and scope of authority

6. Place of Work: Primary work location and any mobility requirements

7. Working Time: Working hours expectations, acknowledging executive exemption from standard working time regulations

8. Remuneration: Base salary, payment intervals, and review mechanisms

9. Variable Compensation: Bonus schemes, performance-based incentives, and calculation methods

10. Benefits: Standard benefits package including insurance, pension, and other perks

11. Vacation and Leave: Annual leave entitlement and public holidays

12. Illness and Incapacity: Sick leave provisions and long-term disability arrangements

13. Confidentiality: Protection of company confidential information

14. Intellectual Property: Ownership of work products and innovations

15. Data Protection: Handling of personal data in compliance with GDPR

16. Termination: Notice periods, grounds for termination, and process

17. Post-Termination Obligations: Continuing duties after employment ends

18. Governing Law: Confirmation of Austrian law application and jurisdiction

19. Entire Agreement: Integration clause and amendment procedures

What sections are optional to include in a Executive Employment Agreement?

1. Non-Competition: Post-employment competition restrictions, used when protecting business interests is crucial

2. Non-Solicitation: Restrictions on soliciting employees or customers, used when protecting business relationships is important

3. International Travel: Terms for international assignments or travel, used when role requires significant travel

4. Company Car: Terms of company car provision, used when offering vehicle as benefit

5. Share Options: Share option or equity participation schemes, used when offering equity-based compensation

6. Sign-on Bonus: One-time payment terms for joining, used for attracting key executives

7. Relocation Assistance: Support for relocation, used when executive needs to relocate

8. Garden Leave: Provisions for garden leave during notice period, used for sensitive positions

9. Change of Control: Special provisions in case of company ownership change, used for senior executives

10. Representative Authority: Specific powers of representation, used for executives with external signing authority

What schedules should be included in a Executive Employment Agreement?

1. Schedule 1 - Job Description: Detailed outline of executive's duties and responsibilities

2. Schedule 2 - Bonus Scheme: Detailed terms of variable compensation calculation and targets

3. Schedule 3 - Benefits Package: Comprehensive list of benefits and their terms

4. Schedule 4 - Company Policies: Key company policies applicable to the executive

5. Schedule 5 - Share Option Terms: Detailed terms of any share option or equity participation

6. Appendix A - Confidential Information: Specific definition of confidential information

7. Appendix B - Approved Outside Activities: List of pre-approved external commitments or board positions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Banking and Financial Services

Manufacturing

Technology

Professional Services

Healthcare

Retail

Energy

Telecommunications

Real Estate

Construction

Automotive

Pharmaceuticals

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Relevant Teams

Human Resources

Legal

Executive Management

Board of Directors

Corporate Governance

Compensation and Benefits

Compliance

Finance

Operations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Executive Director

Country Manager

General Manager

Division Head

Senior Vice President

Regional Director

Department Head

Executive Board Member

Branch Manager

Chief Technology Officer

Chief Marketing Officer

Industries










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