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Non Compete Solicitation Agreement Template for Austria

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Key Requirements PROMPT example:

Non Compete Solicitation Agreement

"I need a Non Compete Solicitation Agreement under Austrian law for our departing Chief Technology Officer who will leave in March 2025, with special focus on protecting our AI technology intellectual property and preventing solicitation of our technical team members."

Document background
The Non-Compete Solicitation Agreement is a crucial document used in Austrian employment contexts to protect business interests when an employee departs from the organization. This agreement becomes particularly relevant for employees who have access to sensitive business information, substantial customer relationships, or specialized knowledge that could potentially harm the business if used by competitors. Under Austrian law, such agreements must include specific compensation for the non-compete period, cannot exceed one year in duration, and must be reasonable in geographical scope. The document typically includes detailed provisions on prohibited competitive activities, customer non-solicitation terms, and employee non-solicitation clauses, all carefully drafted to comply with Austrian labor law requirements and EU regulations. It's essential to note that Austrian courts generally scrutinize these agreements carefully to ensure they don't unduly restrict an employee's constitutional right to work.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names and addresses

2. Background: Context of the agreement, including the nature of the previous employment or business relationship

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', and 'Restricted Period'

4. Non-Compete Obligations: Detailed restrictions on competitive activities, including specific prohibited activities, geographical scope, and duration (maximum 1 year under Austrian law)

5. Non-Solicitation of Customers: Restrictions on approaching or dealing with customers or potential customers of the company

6. Non-Solicitation of Employees: Restrictions on recruiting or attempting to recruit company employees

7. Compensation: Details of compensation provided for the non-compete obligations (mandatory under Austrian law)

8. Duration and Territory: Specific timeframe and geographical scope of the restrictions

9. Confidentiality Obligations: Obligations regarding the protection and non-disclosure of confidential information

10. Acknowledgments: Statements confirming the reasonableness and necessity of the restrictions

11. Remedies: Legal remedies available in case of breach, including injunctive relief and damages

12. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement

Optional Sections

1. Garden Leave: Provisions for paid leave during notice period - include when dealing with senior executives or high-risk employees

2. Post-Termination Assistance: Requirements for transition assistance - relevant for key personnel or technical roles

3. International Scope: Additional provisions for cross-border enforcement - include when restrictions apply across multiple jurisdictions

4. Industry-Specific Restrictions: Detailed restrictions specific to particular industries - include for regulated industries or specialized sectors

5. Training Cost Reimbursement: Provisions for recovering training investments - include when significant training costs are involved

6. Customer List Protection: Specific provisions protecting customer relationships - include for client-facing roles

7. Intellectual Property Protection: Additional IP-related restrictions - include for technical or creative roles

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed definition of geographical areas covered by restrictions, including maps or specific boundary descriptions

2. Schedule 2 - Compensation Schedule: Detailed breakdown of compensation for non-compete obligations, including payment terms and conditions

3. Schedule 3 - Restricted Customers: List of specific customers covered by non-solicitation provisions (if applicable)

4. Schedule 4 - Competing Businesses: Detailed list of businesses or activities considered competitive

5. Appendix A - Confidential Information: Detailed description of information considered confidential under the agreement

6. Appendix B - Acknowledgment Form: Form for periodic acknowledgment of ongoing compliance with restrictions

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

Relevant legal definitions



































Clauses






























Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Consulting

Pharmaceuticals

Software Development

Telecommunications

Engineering

Research and Development

Sales and Marketing

Business Services

Biotechnology

Relevant Teams

Sales

Business Development

Research and Development

Engineering

Product Development

Client Services

Executive Leadership

Marketing

Technical Operations

Customer Success

Professional Services

Account Management

Strategic Planning

Information Technology

Client Relations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Developer

Account Manager

Business Development Manager

Research Scientist

Product Manager

Technical Lead

Senior Consultant

Financial Advisor

Regional Sales Manager

Head of Engineering

Marketing Director

Client Relations Manager

Senior Project Manager

Operations Director

Department Head

Technical Specialist

Senior Account Executive

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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