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Regular Employee Contract Template for Austria

This document is a standard employment contract compliant with Austrian labor law, designed to establish a formal employment relationship between an employer and employee in Austria. It incorporates all mandatory provisions required by Austrian legislation, including the Employment Contract Law Adaptation Act (AVRAG) and the Austrian Labour Constitutional Act (ArbVG). The contract covers essential employment terms such as position, remuneration, working hours, leave entitlements, and termination provisions, while ensuring compliance with EU employment directives as implemented in Austrian law.

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What is a Regular Employee Contract?

This Regular Employee Contract is the standard document used to establish permanent employment relationships in Austria. It serves as a comprehensive agreement between employers and employees, incorporating all mandatory requirements under Austrian labor law, including the AVRAG, ArbVG, and relevant EU directives. The contract is specifically designed for ongoing, indefinite-term employment relationships (as opposed to fixed-term or freelance arrangements) and includes essential terms such as role description, compensation, working hours, leave entitlements, and termination provisions. It's structured to provide clear terms while maintaining flexibility for various industry-specific requirements and ensuring compliance with both federal Austrian employment legislation and applicable collective agreements.

What sections should be included in a Regular Employee Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Position and Duties: Job title, role description, and main responsibilities of the employee

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

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

5. Working Hours: Regular working hours, overtime arrangements, and rest periods in accordance with AZG

6. Remuneration: Base salary, payment intervals, bonus arrangements, and any additional benefits

7. Annual Leave: Annual vacation entitlement and public holidays as per Urlaubsgesetz

8. Sick Leave and Other Absences: Sick leave entitlements and notification procedures

9. Social Insurance: Social security arrangements and insurance details as per ASVG

10. Termination: Notice periods, termination procedures, and grounds for immediate termination

11. Confidentiality: Obligations regarding company secrets and confidential information

12. Data Protection: Handling of personal data in accordance with GDPR and Austrian data protection laws

13. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

What sections are optional to include in a Regular Employee Contract?

1. Non-Competition: Post-employment competition restrictions, used for senior positions or when dealing with sensitive information

2. Intellectual Property: IP rights assignments, relevant for creative or technical positions

3. Company Car: Terms of company car usage, if provided

4. Remote Working: Arrangements for home office or remote work, if applicable

5. Training and Development: Specific training obligations and professional development arrangements

6. Commission Structure: Detailed commission arrangements for sales positions

7. Collective Agreement Reference: Specific references to applicable collective agreements, if the industry/position is covered

8. Working Abroad: Terms for international assignments or travel, if required

9. Stock Options/Benefits: Details of any share options or similar benefits, for senior positions

What schedules should be included in a Regular Employee Contract?

1. Job Description: Detailed description of role, responsibilities, and reporting lines

2. Bonus Scheme: Detailed terms of any applicable bonus or commission schemes

3. Company Policies: Reference to or inclusion of key company policies (IT, expenses, etc.)

4. Benefits Package: Detailed description of all benefits and their terms

5. Code of Conduct: Company's code of conduct and ethical guidelines

6. Safety Regulations: Workplace safety rules and procedures specific to the role

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

Jurisdiction

Austria

Document Type

Employment Contract

Cost

Free to use

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