Contractual Employee Contract Template for Austria

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Contractual Employee Contract

"I need a Contractual Employee Contract under Austrian law for a senior software developer position in our Vienna office, including provisions for hybrid working arrangements and intellectual property protection, with the employment starting March 1, 2025."

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What is a Contractual Employee Contract?

The Contractual Employee Contract is a fundamental document used to establish and formalize employment relationships under Austrian law. It is essential for any business operating in Austria that wishes to hire employees in compliance with local labor regulations. This document incorporates mandatory provisions required by Austrian employment law, including references to applicable collective agreements, working time regulations, and social security requirements. The contract serves as a comprehensive agreement that protects both employer and employee interests while ensuring compliance with Austrian labor standards. It is particularly important as Austrian employment law places significant emphasis on written documentation of employment terms and conditions. The Contractual Employee Contract should be used at the commencement of any new employment relationship and must be updated if there are significant changes to employment terms.

What sections should be included in a Contractual Employee Contract?

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

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

3. Definitions: Key terms used throughout the contract

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

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

6. Probationary Period: Duration and terms of the initial probationary period

7. Working Hours: Regular working hours, overtime provisions, and rest periods

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

9. Remuneration: Base salary, payment intervals, and mandatory allowances

10. Annual Leave: Vacation entitlements and public holidays

11. Sick Leave and Benefits: Sick pay entitlements and notification requirements

12. Social Security and Insurance: Mandatory social security contributions and insurance coverage

13. Notice Period and Termination: Notice requirements and grounds for termination

14. Collective Agreements: Reference to applicable collective agreements

15. Governing Law: Confirmation of Austrian law application and jurisdiction

What sections are optional to include in a Contractual Employee Contract?

1. Bonus and Commission: Details of any performance-related pay or commission structures

2. Company Car: Terms of company car provision and usage

3. Mobile Work Arrangements: Provisions for remote work or home office arrangements

4. Training and Development: Professional development and training commitments

5. Non-Competition: Post-employment competition restrictions (if applicable under Austrian law)

6. Confidentiality: Protection of company confidential information

7. Data Protection: GDPR compliance and personal data processing

8. Additional Benefits: Any additional company benefits or perks

9. Intellectual Property: Ownership of work-related inventions and creations

10. Secondary Employment: Rules regarding additional employment or business activities

What schedules should be included in a Contractual Employee Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Reference to key company policies and procedures

4. Schedule 4 - Collective Agreement Provisions: Relevant excerpts from applicable collective agreements

5. Schedule 5 - Working Time Arrangements: Detailed working hours, shifts, and flexibility arrangements

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Usage Policy: Rules for using company IT systems and equipment

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

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