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Individual Employment Contract Template for Austria

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Individual Employment Contract

"I need an Individual Employment Contract under Austrian law for a senior software developer position, including remote work provisions and stock option plans, with employment starting March 1, 2025."

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What is a Individual Employment Contract?

The Individual Employment Contract is a fundamental document required for all formal employment relationships in Austria. It serves as the primary agreement defining the rights, obligations, and terms of employment between an employer and employee. This document must comply with Austrian labor law requirements, including mandatory provisions from the Salaried Employees Act, Working Time Act, and other relevant legislation. It is typically used when hiring new employees or formalizing existing employment relationships, and should be prepared before the commencement of employment. The contract includes essential information about working conditions, remuneration, benefits, and other terms required by Austrian law, while also protecting both parties' interests and ensuring legal compliance.

What sections should be included in a Individual Employment Contract?

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 agreement

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, responsibilities, and reporting lines

5. Commencement and Duration: Start date and type of contract (fixed-term or indefinite)

6. Probationary Period: Length and terms of the initial probationary period

7. Place of Work: Primary workplace location and any mobility requirements

8. Working Hours: Regular working hours, flexibility arrangements, and overtime provisions

9. Remuneration: Base salary, payment intervals, and any guaranteed bonuses

10. Annual Leave: Vacation entitlement and rules for requesting/taking leave

11. Sick Leave and Other Absences: Sick pay entitlements and procedures for reporting absence

12. Social Insurance: Mandatory social insurance contributions and coverage

13. Confidentiality: Obligations regarding company confidential information

14. Data Protection: Handling of employee personal data and privacy rights

15. Notice Period: Notice requirements for termination by either party

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

What sections are optional to include in a Individual Employment Contract?

1. Bonus Scheme: Details of any discretionary or performance-related bonus arrangements

2. Company Car: Terms of company car provision and usage, if applicable

3. Remote Work: Provisions for home office or remote working arrangements

4. Non-Competition: Post-employment competition restrictions, if applicable under Austrian law

5. Training: Mandatory training requirements and professional development

6. Stock Options: Participation in company stock option plans, if offered

7. Additional Benefits: Any additional benefits like health insurance or meal vouchers

8. Travel Requirements: Business travel expectations and compensation

9. Collective Agreement Application: Reference to applicable collective agreements if relevant

What schedules should be included in a Individual Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Reference to applicable company policies and procedures

4. Schedule 4 - Working Time Arrangements: Detailed working hours schedule and flexibility arrangements

5. Schedule 5 - Data Privacy Notice: Detailed information about personal data processing

6. Appendix A - Company Car Policy: Detailed terms for company car usage, if applicable

7. Appendix B - Remote Work Policy: Specific rules and requirements for remote working, if applicable

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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