Freelance Employment Contract Template for Austria

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Freelance Employment Contract

"I need a Freelance Employment Contract under Austrian law for a software developer who will work remotely on our mobile app project for 6 months starting March 2025, with specific provisions for code ownership and the ability to use subcontractors."

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What is a Freelance Employment Contract?

This Freelance Employment Contract is designed for use in Austria when engaging independent contractors or freelance professionals. It carefully balances the flexibility needed in freelance relationships with compliance requirements under Austrian law, including the Austrian Civil Code (ABGB) and Commercial Code (UGB). The document is structured to clearly establish the independent nature of the relationship, avoiding any implications of regular employment while ensuring all necessary elements for a valid freelance arrangement are present. It includes comprehensive provisions for service delivery, payment terms, intellectual property rights, data protection, and liability, making it suitable for both domestic and international freelance arrangements within Austrian jurisdiction.

What sections should be included in a Freelance Employment Contract?

1. Parties: Identification of the contracting company and the freelancer, including full legal names, addresses, and registration details where applicable

2. Background: Brief context of the agreement and confirmation of freelancer's independent contractor status

3. Definitions: Key terms used throughout the agreement

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

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

6. Remuneration and Payment Terms: Fee structure, payment schedule, invoicing requirements, and expense policy

7. Independent Contractor Status: Clear statement of freelancer's self-employed status and responsibility for own tax and social security contributions

8. Performance Standards: Quality standards, deadlines, and delivery requirements

9. Equipment and Resources: Specification of who provides necessary tools and resources

10. Confidentiality: Protection of business secrets and confidential information

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Insurance: Freelancer's liability obligations and required insurance coverage

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

What sections are optional to include in a Freelance Employment Contract?

1. Intellectual Property Rights: Used when the services involve creation of intellectual property, specifying ownership and transfer of rights

2. Non-Competition: Used when restricting freelancer from working with competitors, must be carefully drafted to comply with Austrian law

3. Client Materials and License: Used when the client provides materials or licenses to the freelancer

4. Substitute Performance: Used when allowing the freelancer to use subcontractors or substitutes

5. Health and Safety: Used when services are performed on client premises

6. Currency and Exchange Rates: Used for international arrangements with payment in foreign currency

7. Force Majeure: Used when specific provisions for unforeseen circumstances are needed

8. Code of Conduct: Used when freelancer must comply with client's ethical guidelines or policies

What schedules should be included in a Freelance Employment Contract?

1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and performance metrics

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

3. Schedule 3 - Timeline: Project timeline, milestones, and delivery dates

4. Appendix A - Required Qualifications: List of required qualifications, certifications, or licenses

5. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix C - Client Policies: Relevant client policies that apply to the freelancer

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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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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