Contractor Employee Agreement Template for Austria

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Key Requirements PROMPT example:

Contractor Employee Agreement

"I need a Contractor Employee Agreement under Austrian law for a software developer who will be working remotely on our AI project for 6 months starting March 2025, with strict IP protection and data security requirements."

Document background
The Contractor Employee Agreement is essential for businesses operating in Austria that engage independent contractors for professional services. This document is specifically designed to comply with Austrian legal requirements and clearly establishes a contractor relationship distinct from regular employment. It's particularly important given Austria's strict employment laws and the need to properly classify working relationships. The agreement includes comprehensive provisions covering services, compensation, intellectual property, confidentiality, data protection (GDPR compliance), and tax obligations. It should be used whenever engaging independent contractors in Austria to ensure proper documentation of the relationship and compliance with local regulations. The document helps protect both parties' interests while avoiding potential misclassification risks under Austrian labor law.
Suggested Sections

1. Parties: Identification of the company and contractor, including full legal names, addresses, and registration details

2. Background: Context of the agreement and confirmation of contractor's independent status

3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Intellectual Property', etc.

4. Scope of Services: Detailed description of services to be provided by the contractor

5. Term and Termination: Duration of the agreement and conditions for termination

6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements

7. Independent Contractor Status: Clear statement of contractor's self-employed status and relationship with the company

8. Intellectual Property Rights: Ownership and transfer of IP created during the engagement

9. Confidentiality: Protection of company's confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling requirements

11. Tax and Social Security: Contractor's responsibilities regarding tax and social security contributions

12. Insurance and Liability: Required insurance coverage and limitation of liability provisions

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on working with competitors, used when contractor has access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting company's employees or clients, used for contractors with significant client contact

3. Equipment and Resources: Details of any company equipment provided, used when company provides specific tools or resources

4. Training and Compliance: Required training or compliance programs, used for regulated industries or specific qualifications

5. Performance Metrics: Specific KPIs or performance standards, used for long-term or complex engagements

6. Substitute and Subcontracting: Rights and conditions for using substitutes or subcontractors, used when relevant to service delivery

7. Working Time and Availability: Specific working hours or availability requirements, used when time-sensitive services are required

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Data Processing Agreement: GDPR-compliant data processing terms if contractor processes personal data

4. Schedule 4 - Service Levels: Performance standards and quality metrics if applicable

5. Appendix A - Required Insurance Coverage: Specific insurance requirements and coverage levels

6. Appendix B - Compliance Requirements: Any specific regulatory or compliance requirements

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

Information Technology

Professional Services

Management Consulting

Creative Industries

Engineering

Financial Services

Healthcare

Education and Training

Marketing and Advertising

Construction

Research and Development

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Procurement

Operations

Project Management Office

Information Technology

Compliance

Risk Management

Relevant Roles

Freelance Developer

Independent Consultant

Project Manager Contractor

Design Contractor

Technical Specialist

Management Advisor

Training Consultant

Marketing Contractor

Engineering Contractor

Content Creator

Financial Analyst Contractor

Research Consultant

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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