The Labour Hire Agreement serves as the foundational document for temporary staffing arrangements in Austria, used when a company needs to engage workers through a licensed labor hire agency. This agreement is essential for compliance with the Austrian Arbeitskr盲fte眉berlassungsgesetz (A脺G) and related employment legislation. It details the rights and obligations of both the labor hire agency and the host company, including worker selection, supervision, workplace safety, payment terms, and equal treatment provisions. The document is particularly crucial given Austria's strict regulation of temporary staffing arrangements and the need to protect workers' rights while providing businesses with staffing flexibility. It includes specific provisions required by Austrian law, such as equal pay principles, working time regulations, and social security requirements.
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1. Parties: Identification of the Labor Hire Agency and the Host Company, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the purpose of the labor hire arrangement and general business relationship
3. Definitions: Key terms used throughout the agreement, including 'Hired Workers', 'Services', 'Workplace', etc.
4. Scope of Services: Detailed description of labor hire services, including types of workers to be provided and general work requirements
5. Duration and Termination: Term of the agreement, notice periods, and conditions for termination
6. Responsibilities of the Labor Hire Agency: Agency obligations including worker selection, verification of qualifications, payroll administration, and statutory compliance
7. Responsibilities of the Host Company: Host company obligations including workplace safety, supervision, and daily management of hired workers
8. Fees and Payment Terms: Service fees, payment schedule, invoicing procedures, and any additional charges
9. Worker Rights and Equal Treatment: Provisions ensuring compliance with A脺G requirements for equal treatment of temporary workers
10. Working Hours and Leave: Arrangements for working time, overtime, and leave management
11. Workplace Safety and Training: Health and safety obligations, required training, and protective equipment provisions
12. Insurance and Liability: Insurance requirements and allocation of liability between parties
13. Confidentiality: Protection of confidential information and trade secrets
14. Data Protection: GDPR compliance and handling of personal data
15. Governing Law: Specification of Austrian law as governing law and jurisdiction
1. Non-Solicitation: Prevents direct hiring of temporary workers, used when the agency wants to protect its workforce
2. Performance Metrics: Specific KPIs and service levels, included when performance measurement is critical
3. Dispute Resolution: Alternative dispute resolution procedures, included for high-value or complex arrangements
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
5. Intellectual Property: IP rights provisions, needed when workers may create IP during their assignment
6. Succession Planning: Procedures for replacing key workers, important for long-term or specialized positions
7. International Assignments: Additional provisions for cross-border placements, if applicable
1. Schedule 1 - Fee Schedule: Detailed breakdown of service fees, markup rates, and additional charges
2. Schedule 2 - Required Worker Qualifications: Specific qualifications, certifications, and experience requirements for different worker categories
3. Schedule 3 - Service Levels: Detailed performance metrics and service level requirements
4. Schedule 4 - Workplace Safety Procedures: Specific safety requirements and procedures for the host company's workplace
5. Schedule 5 - Standard Operating Procedures: Day-to-day operational procedures and protocols
6. Appendix A - Required Forms: Templates for timesheets, incident reports, and other standard forms
7. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and certificates
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Information Technology
Healthcare
Logistics and Transportation
Hospitality
Retail
Agriculture
Industrial Production
Engineering
Professional Services
Food Processing
Energy
Telecommunications
Relevant Teams
Human Resources
Legal
Procurement
Operations
Compliance
Risk Management
Finance
Project Management
Executive Leadership
Contract Administration
Relevant Roles
HR Director
Legal Counsel
Procurement Manager
Operations Manager
Compliance Officer
HR Business Partner
Recruitment Manager
Staffing Coordinator
Contract Manager
Risk Manager
Finance Director
Project Manager
General Counsel
Managing Director
Chief Operating Officer
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