Conducting Performance Appraisal Template for Austria

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Key Requirements PROMPT example:

Conducting Performance Appraisal

"I need a Conducting Performance Appraisal document for our tech startup with 50 employees in Vienna, focusing on quarterly evaluations with a strong emphasis on skill development and remote work performance criteria."

Document background
This document serves as a comprehensive guide for Conducting Performance Appraisal in organizations operating under Austrian jurisdiction. It is essential for establishing a legally compliant and standardized approach to employee evaluation, typically used during annual or semi-annual performance reviews. The document ensures alignment with Austrian employment laws, including the Labor Constitutional Act (ArbVG), Data Protection Act (DSG), and Equal Treatment Act (GlBG). It becomes particularly crucial when implementing new performance management systems, modifying existing evaluation processes, or standardizing appraisal procedures across different departments. The framework includes necessary provisions for works council involvement, documentation requirements, and employee rights, making it suitable for organizations of all sizes operating in Austria.
Suggested Sections

1. Parties: Identifies the employer and employee being evaluated, including their positions and departments

2. Background: Explains the purpose and objectives of performance appraisals within the organization

3. Definitions: Defines key terms used in the document including performance metrics, rating scales, and evaluation periods

4. Evaluation Period and Frequency: Specifies the regular intervals for performance reviews and the period being evaluated

5. Performance Criteria: Details the specific areas of evaluation, including job-related competencies, objectives, and behavioral standards

6. Evaluation Process: Outlines the step-by-step procedure for conducting performance appraisals, including preparation, meeting conduct, and documentation

7. Rating System: Explains the performance rating scale and criteria for each performance level

8. Documentation Requirements: Specifies how performance reviews should be documented and stored in compliance with Austrian data protection laws

9. Review Outcomes: Describes potential outcomes of performance reviews and their implications for employment, compensation, or development

10. Appeals Process: Details the procedure for employees to challenge or appeal their performance evaluation results

Optional Sections

1. Works Council Provisions: Required for companies with works councils - details the role and rights of the works council in the appraisal process

2. Management-Specific Criteria: Additional evaluation criteria specific to management positions, used only for evaluating managers and executives

3. Variable Compensation Link: Include when performance appraisal results are directly linked to bonus payments or variable compensation

4. Development Planning: Optional section for incorporating career development planning into the appraisal process

5. Probationary Period Evaluations: Special provisions for evaluating employees during probationary periods

6. Remote Work Evaluation Criteria: Additional criteria and processes for evaluating remote or hybrid workers

Suggested Schedules

1. Performance Evaluation Form: Standard template for documenting performance evaluations, including all evaluation criteria and rating scales

2. Competency Framework: Detailed description of competencies and behaviors being evaluated at different job levels

3. Goal Setting Template: Template for documenting and tracking employee goals and objectives

4. Development Plan Template: Form for documenting agreed-upon development activities and career progression plans

5. Rating Scale Guide: Detailed explanations and examples for each rating level to ensure consistent evaluation

6. Appeal Form: Standard form for submitting performance evaluation appeals

7. Data Protection Notice: Information about how performance data will be processed and stored in compliance with Austrian data protection laws

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Manufacturing

Technology

Healthcare

Retail

Professional Services

Education

Public Sector

Telecommunications

Construction

Hospitality

Energy

Transportation

Media and Entertainment

Non-Profit

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Training and Development

Compensation and Benefits

Employee Relations

Organizational Development

Administrative

Relevant Roles

Human Resources Manager

HR Director

Department Manager

Team Leader

Supervisor

HR Business Partner

Performance Management Specialist

Talent Development Manager

Operations Manager

Line Manager

Managing Director

CEO

Department Head

HR Coordinator

Compensation and Benefits Manager

Industries
Austrian Labor Constitutional Act (Arbeitsverfassungsgesetz - ArbVG): Establishes the framework for employee participation rights and works council involvement in performance evaluation systems. Particularly relevant are sections regarding co-determination rights in performance assessment methods.
General Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB): Contains basic provisions on employment contracts and the general framework for employer-employee relationships, including the basis for performance evaluations.
Equal Treatment Act (Gleichbehandlungsgesetz - GlBG): Ensures non-discrimination in workplace evaluations based on gender, age, ethnicity, religion, sexual orientation, and other protected characteristics.
Austrian Data Protection Act (Datenschutzgesetz - DSG): Regulates the collection, processing, and storage of personal data in performance appraisals, implementing GDPR requirements in Austrian law.
Salaried Employees Act (Angestelltengesetz): Contains specific provisions for white-collar workers regarding employment conditions and evaluation criteria that may affect their career progression and compensation.
Labor Relations Act (Arbeitsvertragsrechts-Anpassungsgesetz - AVRAG): Provides regulations on changes to working conditions and information obligations, which may be relevant when implementing or modifying performance appraisal systems.
Works Council Agreement (Betriebsvereinbarung): While not legislation per se, this is a crucial legal instrument required for implementing systematic performance evaluation processes in companies with works councils.
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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