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Mutual Agreement Employment Template for Austria

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Mutual Agreement Employment

"I need a Mutual Agreement Employment contract under Austrian law for a senior software developer position at our Vienna tech startup, including remote work provisions and intellectual property clauses, with the employment starting March 1, 2025."

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What is a Mutual Agreement Employment?

The Mutual Agreement Employment contract serves as a fundamental document for establishing employment relationships in Austria, providing a legally compliant framework that protects both employer and employee interests. This document is essential when hiring new employees or formalizing existing employment relationships under Austrian jurisdiction, incorporating mandatory provisions from Austrian labor law while allowing flexibility for specific terms agreed upon by both parties. The agreement covers crucial aspects such as role responsibilities, compensation, working hours, and benefits, ensuring alignment with Austrian employment regulations including the Labor Constitutional Act, social security requirements, and industry-specific collective agreements where applicable. It's particularly important as it represents a consensual arrangement where both parties have agreed to the terms, forming a solid foundation for the employment relationship.

What sections should be included in a Mutual Agreement Employment?

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 agreement

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

5. Commencement and Duration: Start date, term of employment (indefinite/fixed-term), and probationary period if applicable

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

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

8. Remuneration: Base salary, payment intervals, and method of payment

9. Benefits and Allowances: Statutory and additional benefits, including insurance and pension arrangements

10. Annual Leave: Vacation entitlement, public holidays, and leave request procedures

11. Sick Leave and Other Absences: Sick pay entitlement and notification requirements

12. Confidentiality: Protection of company information and trade secrets

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

14. Termination: Notice periods and grounds for termination

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

16. Signatures: Execution block for both parties

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

1. Collective Agreement Application: Reference to applicable collective agreement if the employer is bound by one

2. Remote Work Provisions: Include when remote work is permitted, specifying conditions and requirements

3. Company Car: Include when a company car is provided, detailing terms of use

4. Commission Structure: Include for sales positions or roles with variable compensation

5. International Travel: Include when role requires international travel

6. Post-Employment Restrictions: Non-compete and non-solicitation clauses where necessary

7. Intellectual Property: Include for roles involving creative or innovative work

8. Training Obligations: Include when specific training requirements or commitments exist

9. Performance Bonus: Include when performance-based bonuses are part of compensation

10. Language Requirements: Include when specific language skills are required for the position

What schedules should be included in a Mutual Agreement Employment?

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: Key company policies that form part of employment terms

4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing

5. Schedule 5 - Company Equipment: List of company equipment provided to employee

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Security Policy: Rules and procedures for IT system usage

8. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement

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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