The Addendum To Employment Contract is a crucial document used in Austrian employment law when there is a need to modify existing employment terms without creating an entirely new employment contract. It is commonly used when implementing changes to job roles, compensation, working hours, workplace location, or other significant employment terms. The document must comply with Austrian labor laws, including the General Civil Code (ABGB), Labor Constitution Act (ArbVG), and relevant collective bargaining agreements. This type of addendum is particularly important in Austria due to the strict employment protection laws and the requirement for clear documentation of any changes to employment terms. It often requires consultation with works councils for certain types of changes and must be drafted to ensure it maintains all employee rights under Austrian law.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Reference to the original employment contract, its date, and the reason for this addendum
3. Definitions: Key terms used in the addendum, especially if they differ from or add to the original contract definitions
4. Scope of Amendment: Clear statement of which specific provisions of the original contract are being modified
5. Modified Terms: Detailed description of the new or changed terms of employment
6. Effective Date: Specification of when the changes will take effect
7. Confirmation of Other Terms: Statement that all other terms and conditions of the original employment contract remain unchanged
8. Signatures: Space for dated signatures of both parties
1. Compensation Changes: Include when the addendum involves changes to salary, benefits, or other compensation elements
2. Working Hours Modification: Include when changing working hours, shifts, or work schedules
3. Location Changes: Include when modifying the place of work or adding remote work arrangements
4. Role Changes: Include when changing job title, responsibilities, or reporting structure
5. Temporary Provisions: Include when changes are for a specific duration or subject to review
6. Data Protection: Include when changes affect the processing of personal data or privacy matters
7. Works Council Approval: Include when changes require works council consultation or approval under Austrian law
1. Schedule 1 - Updated Job Description: Detailed description of new role and responsibilities, if applicable
2. Schedule 2 - Modified Compensation Details: Breakdown of new salary structure, benefits, or other compensation elements
3. Schedule 3 - New Working Hours Schedule: Detailed breakdown of modified working hours or shift patterns
4. Appendix A - Required Regulatory Notifications: Any mandatory notices or declarations required under Austrian employment law
5. Appendix B - Works Council Resolution: Documentation of works council approval where required
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