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Telework Agreement Template for Austria

This document is a comprehensive Telework Agreement compliant with Austrian labor law, designed to establish and regulate remote working arrangements between employers and employees. It addresses key aspects including work location, hours, equipment provision, health and safety requirements, data protection, and cost allocation. The agreement incorporates specific provisions required under Austrian legislation, including the Arbeitsverfassungsgesetz (ArbVG) and relevant COVID-19 related amendments, while ensuring compliance with EU data protection regulations. It provides a clear framework for both parties regarding their rights, obligations, and operational procedures in a telework setting.

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What is a Telework Agreement?

The increasing adoption of flexible working arrangements and technological advancement has made telework a standard practice across many organizations. This Telework Agreement serves as a crucial legal document under Austrian law, establishing the framework for remote working arrangements while ensuring compliance with relevant legislation including the Arbeitsverfassungsgesetz (ArbVG), Arbeitsvertragsrechts-Anpassungsgesetz (AVRAG), and data protection requirements. The agreement should be used when establishing new telework arrangements or formalizing existing ones, covering essential aspects such as workspace requirements, equipment provision, working hours, health and safety measures, data protection, and cost allocation. It is designed to protect both employer and employee interests while maintaining operational efficiency and legal compliance.

What sections should be included in a Telework Agreement?

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

2. Background: Context of the agreement, including reference to the main employment contract and reason for telework arrangement

3. Definitions: Key terms used in the agreement including 'telework', 'workplace', 'working hours', and 'work equipment'

4. Telework Location: Specification of the approved remote work location(s) and any requirements for the workspace

5. Working Hours: Detailed arrangement of working hours, core availability times, break periods, and time recording requirements

6. Equipment and Resources: Provisions regarding work equipment, technical support, and cost responsibilities

7. Health and Safety: Workplace safety requirements and responsibilities of both parties

8. Data Protection and Confidentiality: Measures for ensuring data security and confidentiality in the remote work environment

9. Costs and Expenses: Allocation of costs related to telework, including utilities, internet, and equipment maintenance

10. Communication: Requirements for maintaining communication with the employer, team, and attendance at office meetings

11. Performance Monitoring: Methods and frequency of performance evaluation and reporting

12. Termination of Telework: Conditions and process for ending the telework arrangement

13. General Provisions: Standard clauses including governing law, amendment process, and relationship with other agreements

What sections are optional to include in a Telework Agreement?

1. International Telework Provisions: Additional provisions for employees working from abroad, including tax and social security implications

2. Insurance Coverage: Specific insurance requirements and coverage details for home office equipment and liability

3. Training and Support: Provisions for specific training related to telework tools and systems

4. Office Access: Terms for maintaining and accessing office workspace when needed

5. Emergency Procedures: Specific procedures for technical or other emergencies during telework

6. Family Care Provisions: Specific arrangements regarding work flexibility for employees with care responsibilities

7. Travel Requirements: Provisions regarding occasional travel to office or other locations

What schedules should be included in a Telework Agreement?

1. Schedule 1 - Equipment List: Detailed inventory of company-provided equipment and technical specifications

2. Schedule 2 - Workspace Requirements: Specific requirements for the home office setup including ergonomic and safety standards

3. Schedule 3 - IT Security Policy: Detailed IT security requirements and procedures for remote work

4. Schedule 4 - Cost Reimbursement Policy: Detailed breakdown of reimbursable expenses and claiming procedures

5. Schedule 5 - Remote Work Guidelines: Company policies and best practices for remote work

6. Appendix A - Home Office Safety Checklist: Checklist for ensuring compliance with health and safety requirements

7. Appendix B - Data Protection Protocol: Specific procedures for handling confidential information and personal data

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

Cost

Free to use

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