The Non-Compete Employment Contract is essential for Austrian employers seeking to protect their legitimate business interests, trade secrets, and client relationships. This document is typically used when hiring employees in senior positions or roles with access to sensitive information, combining standard employment terms with specific non-compete provisions. The agreement must comply with Austrian employment law, which requires employers to provide compensation of at least 50% of the employee's last salary during the non-compete period. The document addresses key aspects such as scope of employment, duration of restrictions (maximum one year under Austrian law), geographical limitations, and specific prohibited activities. It's particularly important in knowledge-intensive industries where employee mobility could significantly impact business competitiveness.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and reason for the non-compete agreement
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Business', 'Territory', etc.
4. Scope of Employment: Description of the employee's position, duties, and responsibilities
5. Duration of Employment: Terms regarding the employment period and notice requirements
6. Non-Compete Obligations: Specific restrictions on competitive activities after employment termination, including duration and geographical scope
7. Compensation for Non-Compete: Details of compensation paid for the non-compete obligation (mandatory under Austrian law)
8. Confidentiality Obligations: Requirements regarding the protection of confidential information
9. Intellectual Property Rights: Provisions regarding IP created during employment
10. Termination Provisions: Conditions and procedures for contract termination
11. Governing Law and Jurisdiction: Specification of Austrian law application and competent courts
12. Severability: Provisions ensuring remainder of contract remains valid if parts are found unenforceable
1. Garden Leave: Optional provisions for paid leave during notice period, used for sensitive positions
2. International Activities: Additional provisions for employees working across multiple jurisdictions
3. Training and Development: Provisions regarding specialized training and associated commitments
4. Client Non-Solicitation: Additional restrictions on client contact, relevant for client-facing roles
5. Employee Non-Solicitation: Restrictions on recruiting former colleagues, important for management positions
6. Post-Termination Assistance: Requirements for transition assistance after employment ends
7. Compliance with Industry Regulations: Specific provisions for regulated industries
8. Remote Work Provisions: Specific terms for employees working remotely
1. Schedule 1: Compensation Details: Detailed breakdown of salary, benefits, and non-compete compensation
2. Schedule 2: Territory Definition: Specific geographical areas covered by the non-compete clause
3. Schedule 3: Competing Businesses: List of specific competitors or types of competing businesses
4. Schedule 4: Confidential Information: Detailed description of what constitutes confidential information
5. Appendix A: Job Description: Detailed outline of role, responsibilities, and reporting structure
6. Appendix B: Company Policies: Reference to relevant company policies affecting the employment relationship
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Technology
Financial Services
Professional Services
Manufacturing
Pharmaceuticals
Biotechnology
Management Consulting
Software Development
Research and Development
Healthcare
Telecommunications
Engineering
Sales and Marketing
Media and Entertainment
Relevant Teams
Executive Leadership
Sales
Research & Development
Product Development
Client Services
Technology
Business Development
Marketing
Engineering
Data Science
Professional Services
Finance
Strategy
Operations
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Software Engineer
Sales Director
Account Manager
Research Scientist
Product Manager
Business Development Manager
Technical Lead
Senior Consultant
Department Head
Regional Manager
Key Account Executive
Financial Controller
Head of Research
Principal Engineer
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