Founder Employment Agreement Template for Austria

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Key Requirements PROMPT example:

Founder Employment Agreement

"I need a Founder Employment Agreement for a Vienna-based fintech startup, where the technical co-founder will serve as CTO while retaining 25% ownership; the agreement should include strong IP protection and allow for potential international expansion from March 2025."

Document background
The Founder Employment Agreement is essential when a company founder transitions into or maintains an operational role within their organization in Austria. This document is typically used during company formation, reorganization, or when formalizing existing arrangements between founders and their companies. It addresses the complex dual role of the founder as both an employee and a key stakeholder, covering essential employment terms while acknowledging their unique position. The agreement must balance Austrian employment law requirements with corporate governance considerations, including mandatory labor protections, social security obligations, and specific provisions for managing directors under Austrian corporate law. This document is particularly crucial for startups and growing companies where founders take on executive or operational roles, as it helps prevent future disputes by clearly defining rights, responsibilities, and expectations.
Suggested Sections

1. Parties: Identification of the company and the founder-employee, including their respective addresses and registration details

2. Background: Context of the agreement, including the founder's role in establishing the company and the desire to formalize the employment relationship

3. Definitions: Key terms used throughout the agreement, including Company, Board, Intellectual Property, Confidential Information, etc.

4. Position and Duties: Detailed description of the founder's role, responsibilities, and reporting structure

5. Time Commitment and Work Location: Working hours, place of work, and flexibility arrangements

6. Remuneration: Base salary, bonuses, and other financial benefits

7. Benefits and Insurance: Health insurance, pension contributions, and other benefits

8. Vacation and Leave: Annual leave entitlement and other types of leave

9. Intellectual Property Rights: Assignment of IP created during employment and protection of existing IP

10. Confidentiality: Protection of company secrets and confidential information

11. Loyalty and Non-Competition: During-employment non-compete and loyalty obligations

12. Termination: Grounds for termination, notice periods, and consequences

13. Company Policies: Adherence to company policies and procedures

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

15. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Share Ownership: Details of the founder's shareholding and any share-related obligations or rights - include if founder maintains shares

2. Post-Termination Restrictions: Non-compete and non-solicitation provisions after employment ends - include if additional protection is needed

3. Corporate Governance: Founder's role in corporate decision-making - include if founder has board or management position

4. International Travel: Terms for international travel and overseas work - include if role requires significant travel

5. Bonus Scheme: Detailed performance-based compensation structure - include if complex bonus arrangements exist

6. Supervisory Board Relationship: Interaction with supervisory board - include if company has a supervisory board

7. External Activities: Terms for speaking engagements, board positions, or other external activities - include if relevant to founder's profile

8. Severance Terms: Special separation benefits or obligations - include if specific severance arrangements are agreed

9. Data Protection: Specific data handling and privacy terms - include if role involves significant data processing

10. Insurance and Indemnification: Special insurance coverage and indemnification rights - include if additional protection is needed

Suggested Schedules

1. Schedule 1 - Duties and Responsibilities: Detailed list of founder's duties and responsibilities

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary, benefits, and bonus structure

3. Schedule 3 - Share Option Scheme: Details of any share options or equity participation

4. Schedule 4 - Company Policies: Key company policies applicable to the founder

5. Schedule 5 - Existing IP: List of founder's pre-existing intellectual property rights

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and protected information

7. Appendix B - Corporate Authority Matrix: Outline of founder's decision-making authority

8. Appendix C - Benefits Summary: Comprehensive list of employment benefits

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

Technology

Software Development

E-commerce

Fintech

Biotech

Manufacturing

Professional Services

Healthcare

Media and Entertainment

Clean Technology

Consumer Products

Education Technology

Real Estate Technology

Artificial Intelligence

Blockchain

Relevant Teams

Legal

Human Resources

Executive Leadership

Corporate Governance

Board of Directors

Operations

Finance

Administration

Relevant Roles

Founder

Co-Founder

Chief Executive Officer

Managing Director

Chief Technology Officer

Chief Operations Officer

Chief Financial Officer

Chief Product Officer

Executive Director

Technical Director

Operations Director

Product Director

Development Director

Industries
Austrian Labor Law (Arbeitsrecht): Basic framework governing employment relationships, including working hours, leave entitlements, and general employment terms and conditions
Austrian Employment Contract Law Adaptation Act (Arbeitsvertragsrechts-Anpassungsgesetz - AVRAG): Regulates specific aspects of employment contracts, including mandatory written information requirements and transfer of undertakings
Austrian Salaried Employees Act (Angestelltengesetz): Special provisions for white-collar workers, including notice periods and severance payments
Austrian Limited Liability Companies Act (GmbH-Gesetz): Relevant for founder-employees who are also managing directors, defining their rights and obligations in the corporate context
General Social Insurance Act (Allgemeines Sozialversicherungsgesetz - ASVG): Regulations regarding social security contributions and insurance requirements for employees
Income Tax Act (Einkommensteuergesetz): Tax implications for employment relationships, including special considerations for managing directors
Working Time Act (Arbeitszeitgesetz): Regulations on working hours, rest periods, and overtime, though executives may be exempt from certain provisions
EU General Data Protection Regulation (GDPR) and Austrian Data Protection Act (Datenschutzgesetz): Requirements for handling personal data in employment relationships
Austrian Vacation Act (Urlaubsgesetz): Regulations regarding annual leave entitlements and calculation of vacation time
Non-Competition Clauses Act (Gesetz über Konkurrenzklauseln): Regulations regarding post-contractual non-compete agreements, particularly relevant for founders
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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