At Will Employment Agreement for Austria

At Will Employment Agreement Template for Austria

This employment agreement template is designed for use under Austrian law and provides a comprehensive framework for establishing employment relationships in Austria. While termed as an 'at-will' agreement, it incorporates mandatory Austrian labor law provisions, including statutory notice periods, employee protections, and termination requirements. The document covers essential employment terms such as position, duties, compensation, benefits, working hours, and leave entitlements, all aligned with Austrian employment regulations and the Austrian Labor Code (Arbeitsrecht). It includes necessary GDPR-compliant data protection provisions and considers works council rights where applicable.

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What is a At Will Employment Agreement?

This At Will Employment Agreement template is specifically adapted for use under Austrian law, where the concept of "at-will" employment does not exist in its American form. The document serves as a standard employment contract template that can be used to establish employment relationships in Austria while ensuring compliance with mandatory Austrian labor laws and regulations. It is designed to protect both employer and employee interests while incorporating required statutory provisions regarding notice periods, termination rights, working hours, and employee benefits. The agreement should be used when hiring new employees in Austria or formalizing existing employment relationships, and must be customized based on the specific role, industry requirements, and applicable collective bargaining agreements. It's important to note that despite its title, this agreement must follow Austrian employment protection standards, which provide significant employee rights and cannot be contracted out of.

What sections should be included in a At Will Employment Agreement?

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

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Job title, role description, responsibilities, and reporting structure

5. Commencement and Duration: Start date and type of employment (fixed-term or indefinite)

6. Probationary Period: Standard one-month probationary period as per Austrian law

7. Working Hours: Regular working hours, overtime arrangements, and flexibility provisions

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

9. Remuneration: Base salary, payment intervals, and any guaranteed bonuses

10. Benefits and Insurance: Social security, health insurance, and other statutory benefits

11. Leave Entitlements: Annual leave, sick leave, and other statutory leave rights

12. Termination: Notice periods and termination procedures as per Austrian law

13. Confidentiality: Protection of company confidential information

14. Data Protection: GDPR compliance and handling of personal data

15. Governing Law: Specification of Austrian law as governing law

16. Severability: Standard clause on partial invalidity

What sections are optional to include in a At Will Employment Agreement?

1. Bonus Arrangements: Details of performance-based bonuses or commission structures - include for sales or management positions

2. Company Car: Terms of company car provision - include if offering vehicle benefits

3. Non-Competition: Post-employment competition restrictions - include for senior positions, subject to Austrian law limitations

4. Intellectual Property: IP rights assignment - include for creative or technical positions

5. Remote Work: Remote working arrangements and conditions - include if offering flexible working

6. Training Requirements: Mandatory training and professional development - include for regulated positions

7. Travel Requirements: Business travel expectations and compensation - include if regular travel is required

8. Stock Options: Employee stock option plans - include if offering equity compensation

What schedules should be included in a At Will Employment Agreement?

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

2. Compensation Details: Breakdown of salary components and benefits

3. Company Policies: Reference to or inclusion of key company policies

4. Data Privacy Notice: Detailed GDPR-compliant privacy notice for employees

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

6. Collective Bargaining Agreement: Reference to applicable collective agreement if relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Retail

Healthcare

Education

Hospitality

Construction

Transportation

Media and Entertainment

Energy

Telecommunications

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Product Management

Administration

Quality Assurance

Business Development

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Manager

Team Leader

Software Developer

Sales Representative

Marketing Manager

Administrative Assistant

Human Resources Manager

Project Manager

Account Manager

Research Scientist

Operations Manager

Customer Service Representative

Business Analyst

Product Manager

Financial Analyst

Technical Support Specialist

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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