Employee Liability Waiver And Indemnification Agreement Template for Austria

The Employee Liability Waiver And Indemnification Agreement is essential for organizations operating in Austria where employees engage in activities that may expose them or the company to potential risks or liabilities. This document is particularly relevant in industries involving handling of valuable equipment, dangerous materials, sensitive data, or where employees make critical decisions that could impact company operations or third parties. The agreement must strictly comply with Austrian employment law, particularly the Dienstnehmerhaftpflichtgesetz (DHG), which provides specific provisions regarding employee liability limitations. It cannot waive mandatory protections or fundamental employee rights under Austrian law, especially in cases of gross negligence or willful misconduct. The document typically includes detailed sections on liability limitations, indemnification procedures, incident reporting requirements, and specific risk acknowledgments.

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

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Liability', 'Indemnification', 'Scope of Employment', and 'Negligence'

4. Scope of Employment: Detailed description of the employee's role, responsibilities, and authorized activities

5. Liability Limitations: Specific provisions regarding limitation of liability, clearly distinguishing between minor negligence, gross negligence, and intentional acts

6. Indemnification Obligations: Details of the mutual indemnification obligations, including circumstances and procedures

7. Excluded Claims: Clear specification of claims and liabilities that cannot be waived under Austrian law

8. Insurance Requirements: Requirements for any insurance coverage related to potential liability

9. Reporting and Procedures: Procedures for reporting incidents, accidents, or potential liability events

10. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

11. Governing Law: Specification of Austrian law as governing law and jurisdiction

12. Severability: Provision for the continuation of remaining terms if any part is found invalid

13. Entire Agreement: Confirmation that this document represents the complete agreement regarding liability and indemnification

14. Execution: Signature blocks and execution requirements