This Flexible Working Contract is designed for use in employment relationships under Austrian law where traditional fixed working patterns are being replaced with more flexible arrangements. It is particularly relevant in modern workplace scenarios where employees may work variable hours, from different locations, or with adaptive scheduling. The document incorporates all necessary elements required by Austrian employment law, including provisions from the Working Time Act, Rest Periods Act, and other relevant legislation. It's suitable for both new employment relationships and modifications to existing contracts where flexible working is being introduced. The contract includes comprehensive terms covering working patterns, location flexibility, time recording requirements, and related employment conditions, while ensuring compliance with Austrian workplace regulations and employee protection measures.
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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 reason for flexible working arrangement
3. Definitions: Key terms used throughout the contract, including specific flexible working terminology
4. Duration of Employment: Terms regarding contract duration, whether fixed-term or permanent
5. Position and Duties: Employee's role, responsibilities, and reporting relationships
6. Flexible Working Arrangement: Core terms of the flexible working pattern, including working hours framework and scheduling principles
7. Place of Work: Designated workplace(s) including home office or remote working provisions
8. Remuneration: Salary, benefits, and any variable compensation elements
9. Working Time Recording: Methods and requirements for recording working hours in compliance with Austrian law
10. Leave Entitlement: Annual leave, public holidays, and other leave rights
11. Illness and Inability to Work: Procedures for reporting illness and related pay provisions
12. Confidentiality: Obligations regarding company information and data protection
13. Notice Period: Terms for termination by either party
14. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Performance Review: Include when specific performance measurement criteria for flexible working are needed
2. Training and Development: Include when specific training requirements or development opportunities are part of the arrangement
3. Equipment and Expenses: Include when employer provides specific equipment or reimburses home office expenses
4. Core Hours: Include when there are specific hours during which the employee must be available
5. Health and Safety: Include when specific health and safety requirements apply to home working
6. Data Protection: Include when employee handles sensitive data, especially when working remotely
7. Collective Agreement Provisions: Include when specific collective agreements apply to the role
8. Trial Period: Include when a probationary period applies to the flexible working arrangement
9. Return to Standard Working: Include when there's a possibility to revert to standard working arrangements
1. Schedule 1: Working Pattern: Detailed breakdown of agreed working hours, patterns, and flexibility parameters
2. Schedule 2: Home Office Requirements: Specific requirements and standards for home office setup
3. Schedule 3: IT Security Policy: Security requirements and protocols for remote working
4. Schedule 4: Communication Protocol: Agreed communication methods and response times
5. Schedule 5: Benefits Schedule: Detailed breakdown of all benefits and allowances
6. Appendix A: Time Recording Template: Standard template for recording flexible working hours
7. Appendix B: Expense Claim Form: Template for claiming any approved work-related expenses
8. Appendix C: Health and Safety Checklist: Checklist for ensuring safe working environment at home
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