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Co Employment Agreement
"I need an Austrian Co-Employment Agreement for a senior software developer who will split their time 60/40 between our main tech company and our new AI research subsidiary, starting March 1, 2025, with particular emphasis on IP rights and data protection provisions."
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You keep IP ownership of your information
1. Parties: Identification of all parties: Primary Employer, Co-Employer, and Employee
2. Background: Context of the co-employment arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific Austrian legal terminology
4. Term and Commencement: Duration of the co-employment arrangement and start date
5. Employment Status and Duties: Definition of the employee's role, responsibilities, and reporting relationships with both employers
6. Allocation of Working Time: Distribution of working hours between co-employers and working time arrangements
7. Remuneration and Benefits: Salary, benefits, and how costs are shared between co-employers
8. Management and Supervision: Day-to-day management responsibilities and decision-making authority of each employer
9. Social Security and Insurance: Arrangements for social security contributions and insurance coverage
10. Health and Safety Responsibilities: Division of workplace safety obligations between co-employers
11. Confidentiality and Data Protection: Protection of confidential information and personal data handling
12. Termination Provisions: Conditions and procedures for ending the co-employment arrangement
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution procedures
1. Intellectual Property Rights: Used when the employee's work involves creation of IP, specifying ownership between employers
2. Non-Competition and Non-Solicitation: Include when protecting business interests from competition is necessary
3. International Travel: Required when the role involves cross-border work
4. Training and Development: Include when specific arrangements for sharing training costs and responsibilities exist
5. Performance Management: Used when detailed performance evaluation processes between employers are needed
6. Bonus Arrangements: Include when special bonus or commission structures apply
7. Works Council Provisions: Required when employees are represented by works councils
8. Location Flexibility: Include for arrangements involving remote work or multiple work locations
1. Schedule 1 - Job Description: Detailed description of role and responsibilities for each employer
2. Schedule 2 - Time Allocation Matrix: Specific breakdown of working time between employers
3. Schedule 3 - Cost Sharing Agreement: Detailed breakdown of how employment costs are shared
4. Schedule 4 - Benefits Package: Comprehensive list of benefits and provider responsibilities
5. Schedule 5 - Workplace Locations: Details of all work locations and facilities access
6. Appendix A - Reporting Structure: Organizational charts showing reporting lines in both organizations
7. Appendix B - Communication Protocols: Procedures for communication between employers regarding the employee
8. Appendix C - Emergency Contacts: List of key contacts at both employers for various situations
Authors
Primary Employer
Co-Employer
Employee
Commencement Date
Term
Working Hours
Primary Workplace
Secondary Workplace
Base Salary
Benefits
Confidential Information
Intellectual Property Rights
Works Council
Social Security Contributions
Arbeitszeit (Working Time)
Kollektivvertrag (Collective Agreement)
Dienstvertrag (Employment Contract)
Cost Sharing Arrangement
Allocation Period
Reporting Lines
Management Committee
Service Period
Employment Duties
Performance Standards
Notice Period
Termination Date
Arbeitgeber (Employer)
Business Day
Applicable Law
Group Companies
Intellectual Property
Personal Data
Professional Services
Sickness Benefits
Holiday Entitlement
Work Product
Betriebsvereinbarung (Works Agreement)
Force Majeure
Material Breach
Recitals
Definitions
Term and Duration
Scope of Employment
Co-Employment Structure
Working Time Allocation
Remuneration
Benefits
Cost Sharing
Management and Supervision
Reporting Structure
Performance Management
Holiday and Leave
Sickness and Absence
Social Security
Health and Safety
Training and Development
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Works Council Provisions
Documentation and Records
Insurance
Termination
Notice Period
Garden Leave
Post-Termination Obligations
Force Majeure
Assignment
Severability
Entire Agreement
Amendments
Notices
Governing Law
Jurisdiction
Dispute Resolution
Professional Services
Information Technology
Manufacturing
Consulting
Research and Development
Healthcare
Education
Financial Services
Media and Entertainment
Telecommunications
Shared Services
Biotechnology
Human Resources
Legal
Finance
Operations
Research and Development
Information Technology
Project Management Office
Administration
Corporate Services
Compliance
Risk Management
Project Manager
Software Developer
Research Scientist
Financial Analyst
HR Specialist
Operations Manager
Business Consultant
Legal Counsel
Marketing Director
Technical Architect
Product Manager
Sales Executive
Department Head
Senior Engineer
Administrative Officer
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