The Pre-Hire Agreement is a crucial document used in Austrian employment practice when companies wish to secure potential employees while certain conditions need to be met before formal employment can begin. This document is particularly relevant in situations involving senior appointments, roles requiring specific qualifications or security clearances, or positions dependent on regulatory approval. It provides a legally binding framework under Austrian law that protects both employer and candidate during the pre-employment phase, outlining specific conditions, timelines, and obligations while ensuring compliance with Austrian labor laws and GDPR requirements. The agreement typically includes provisions for background checks, reference verification, work permit requirements, and any specific industry-related conditions that must be satisfied before employment can commence.
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Key Requirements PROMPT example:
Pre Hire Agreement
"I need a Pre-Hire Agreement under Austrian law for a senior software developer position, including provisions for remote work arrangements and specific technical certification requirements that must be completed before March 2025."
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1. Parties: Identification of the potential employer and candidate, including full legal names and addresses
2. Background: Context of the pre-hire agreement, including the intended position and general circumstances
3. Definitions: Key terms used throughout the agreement, including 'Commencement Date', 'Conditions', 'Position', etc.
4. Conditional Offer: Details of the employment offer and conditions that must be met before employment begins
5. Pre-Employment Conditions: Specific conditions that must be satisfied, such as reference checks, qualifications verification, work permits
6. Duration and Timeline: Period for which the pre-hire agreement is valid and key dates for meeting conditions
7. Confidentiality: Obligations regarding confidential information shared during the pre-hire period
8. Data Protection: GDPR compliance provisions regarding handling of personal data
9. Good Faith Obligations: Mutual commitments to act in good faith during the pre-hire period
10. Termination: Circumstances under which the pre-hire agreement can be terminated
11. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
1. Non-Competition: Used when the candidate currently works for a competitor or when protecting market position is crucial
2. Intellectual Property: Include when the candidate may create or have access to IP during the pre-hire period
3. Exclusivity: Used when requiring the candidate not to pursue other employment opportunities
4. Relocation Provisions: Include when the position requires relocation or international transfer
5. Sign-On Bonus: When offering a signing bonus subject to conditions
6. Training Commitments: Include when pre-employment training is required
7. Medical Examination: Used when the position requires specific health conditions or medical clearance
1. Position Description: Detailed description of the intended role and responsibilities
2. Conditions Checklist: List of specific conditions that must be met with associated deadlines
3. Required Documentation: List of documents and certificates that must be provided
4. Draft Employment Agreement: Template or key terms of the eventual employment agreement
5. Data Protection Notice: Detailed GDPR-compliant privacy notice
6. Compensation Details: Specific details about proposed salary and benefits package
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