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.
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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
1. Specific Risk Acknowledgment: Additional section for high-risk positions or industries where specific risks need to be acknowledged
2. Third Party Claims: Section addressing liability and indemnification related to third party claims, if relevant to the position
3. Confidentiality Obligations: Additional provisions regarding liability for breach of confidentiality, if handling sensitive information
4. Equipment and Property: Section addressing liability for company equipment and property, if employee has significant responsibility for valuable assets
5. International Travel: Additional provisions for employees who travel internationally as part of their duties
6. Intellectual Property: Provisions regarding liability related to intellectual property if relevant to the position
1. Schedule A - Specific Risk Areas: Detailed list of specific risk areas and activities covered by the waiver
2. Schedule B - Insurance Coverage: Details of required insurance coverage and limits
3. Schedule C - Incident Reporting Forms: Standard forms and procedures for reporting incidents
4. Appendix 1 - Employee Acknowledgment: Separate acknowledgment form to be signed by employee confirming understanding of the agreement
5. Appendix 2 - Emergency Procedures: Procedures to follow in case of accidents or incidents
6. Appendix 3 - Relevant Company Policies: Reference to or copies of relevant company policies regarding safety and liability
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