Hiring And Termination Policy Template for Austria

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Key Requirements PROMPT example:

Hiring And Termination Policies

"I need comprehensive Hiring and Termination Policies for our new technology startup in Vienna, compliant with Austrian law, that specifically addresses remote work arrangements and international hiring as we plan to expand across Europe by March 2025."

Document background
This document establishes comprehensive Hiring and Termination Policies aligned with Austrian labor law requirements and organizational best practices. It is designed for use by organizations operating in Austria to ensure compliance with local employment regulations while maintaining efficient human resources processes. The policies cover the entire employment lifecycle, from recruitment and onboarding to separation, incorporating mandatory legal requirements such as notice periods, severance pay provisions, and works council consultations where applicable. These policies should be implemented by all organizations with employees in Austria and must be regularly updated to reflect changes in employment legislation and organizational needs. The document serves as a crucial tool for maintaining consistent HR practices while ensuring legal compliance with Austrian employment regulations.
Suggested Sections

1. Introduction and Scope: Purpose of the policies, their application scope, and legal framework

2. Definitions: Clear definitions of key terms used throughout the policies

3. Hiring Process: Standardized recruitment procedures, including job posting, selection criteria, and interview process

4. Employment Categories: Classifications of employment (full-time, part-time, temporary, etc.) and associated rights

5. Probationary Period: Duration and conditions of probationary periods for new employees

6. Working Hours and Time Recording: Standard working hours, flexibility options, and time tracking requirements

7. Remuneration and Benefits: Salary structure, payment periods, and statutory benefits

8. Leave Entitlements: Various types of leave (annual, sick, maternity/paternity, etc.) and request procedures

9. Performance Management: Performance review processes and consequences of underperformance

10. Disciplinary Procedures: Progressive discipline steps and serious misconduct handling

11. Termination Procedures: Grounds for termination, notice periods, and procedural requirements

12. Final Settlement: Process for final salary calculation, severance pay, and return of company property

13. Data Protection: Handling of employee personal data during and after employment

14. Policy Review and Updates: Frequency and process for policy updates and communications

Optional Sections

1. Remote Work Policies: Guidelines for remote work arrangements, applicable when organization offers remote work options

2. International Assignments: Policies for international transfers or assignments, needed for companies with international operations

3. Industry-Specific Requirements: Special requirements for regulated industries or specific professional categories

4. Collective Agreement References: Specific provisions from applicable collective agreements, required if organization is bound by collective agreements

5. Works Council Cooperation: Procedures for works council involvement, required for companies with works councils

6. Training and Development: Professional development policies and training requirements

7. Non-Competition Clauses: Post-employment restrictions, if applicable to certain positions

Suggested Schedules

1. Schedule A - Employment Contract Templates: Standard employment contract templates for different categories of employees

2. Schedule B - Notice Period Tables: Detailed tables showing notice periods based on length of service and employee category

3. Schedule C - Disciplinary Process Flowchart: Visual representation of disciplinary procedures and appeals process

4. Schedule D - Leave Request Forms: Standard forms for various types of leave requests

5. Schedule E - Performance Review Templates: Standardized forms for conducting performance reviews

6. Schedule F - Exit Interview Questionnaire: Standard format for conducting and documenting exit interviews

7. Schedule G - Final Settlement Checklist: Comprehensive checklist for processing employee departures

8. Appendix 1 - Relevant Legal References: Key provisions from Austrian labor law affecting hiring and termination

9. Appendix 2 - Company-Specific Benefits: Detailed description of additional company benefits and eligibility criteria

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

Manufacturing

Technology

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Telecommunications

Public Sector

Non-Profit

Media and Entertainment

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Administration

Employee Relations

Talent Acquisition

Training and Development

Compensation and Benefits

Relevant Roles

Human Resources Director

HR Manager

Recruitment Specialist

HR Business Partner

Personnel Administrator

Chief Human Resources Officer

Talent Acquisition Manager

Employee Relations Manager

HR Compliance Officer

Department Manager

Team Leader

Chief Executive Officer

Chief Operating Officer

Legal Counsel

Compensation and Benefits Manager

Industries
Austrian Labour Law (Arbeitsrecht): The fundamental framework governing employment relationships in Austria, covering basic rights and obligations of employers and employees
Employment Contract Law Act (Arbeitsvertragsrechts-Anpassungsgesetz): Regulates the formation and content of employment contracts, including mandatory provisions that must be included in employment agreements
Salaried Employees Act (Angestelltengesetz): Specific regulations for white-collar workers, including notice periods, sick leave, and termination provisions
Equal Treatment Act (Gleichbehandlungsgesetz): Anti-discrimination legislation ensuring equal treatment in hiring and throughout employment regardless of gender, age, ethnicity, religion, or other protected characteristics
General Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB): Contains basic provisions on employment contracts and general civil law principles applicable to employment relationships
Working Time Act (Arbeitszeitgesetz): Regulates working hours, rest periods, and overtime, which must be considered in employment contracts
Severance Pay Act (Abfertigungsrecht): Governs the Austrian severance pay system ('Abfertigung neu') and its implications for employment termination
Work Constitution Act (Arbeitsverfassungsgesetz): Regulates collective labor relations, works councils, and their involvement in hiring and termination processes
Disability Employment Act (Behinderteneinstellungsgesetz): Special provisions for hiring and terminating employees with disabilities, including protection against dismissal
General Social Insurance Act (Allgemeines Sozialversicherungsgesetz): Covers social security obligations and requirements during hiring and termination processes
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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