The Job Offer Agreement is a crucial document in the Austrian employment process, typically issued after successful completion of the recruitment process and before the commencement of employment. This document serves as the foundation of the employment relationship, combining the formal offer of employment with the legal requirements stipulated by Austrian labor law. It should be used when extending official employment offers to both domestic and international candidates, ensuring compliance with Austrian employment regulations, social security requirements, and EU data protection laws. The agreement includes mandatory provisions regarding working hours, leave entitlements, notice periods, and other essential terms while allowing for customization based on the specific role, seniority level, and additional benefits offered.
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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 offer and circumstances of hiring
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, reporting structure, 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 probationary period as per Austrian law
7. Compensation: Base salary, payment schedule, and any guaranteed bonuses
8. Working Hours: Regular working hours, overtime provisions, and rest periods
9. Leave Entitlement: Annual leave, public holidays, and other types of leave
10. Social Security and Insurance: Mandatory social security contributions and insurance coverage
11. Termination Provisions: Notice periods and conditions for termination
12. Confidentiality: Obligations regarding company confidential information
13. Data Protection: Handling of personal data in compliance with GDPR
14. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Bonus and Commission Structure: Include when position includes variable compensation components
2. Relocation Assistance: Include when offering relocation support to the employee
3. Company Car: Include when a company car is part of the compensation package
4. Non-Competition Clause: Include for senior positions or roles with access to sensitive information
5. Training Requirements: Include when specific training or certifications are required
6. Remote Work Provisions: Include when the role allows for remote working
7. International Travel: Include when position requires international travel
8. Intellectual Property Rights: Include for positions involving creative or technical work
9. Stock Options/Share Schemes: Include when offering equity-based compensation
10. Language Requirements: Include when specific language skills are required for the position
1. Schedule 1 - Detailed Job Description: Comprehensive description of role responsibilities and requirements
2. Schedule 2 - Compensation Details: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Reference to key company policies applicable to the position
4. Schedule 4 - Benefits Package: Detailed description of all benefits and eligibility criteria
5. Schedule 5 - Bonus Calculation Method: If applicable, detailed explanation of bonus/commission calculations
6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
7. Appendix B - IT Usage Policy: Guidelines for use of company IT systems and equipment
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