Hiring Contract Template for Austria

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Hiring Contract

"I need an Austrian Hiring Contract for a senior software developer position at our Vienna-based tech startup, including provisions for hybrid working arrangements and stock options, with employment starting March 1, 2025."

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What is a Hiring Contract?

The Hiring Contract (Dienstvertrag) is a fundamental document required for all employment relationships in Austria. It must be used whenever a new employee is hired, whether for permanent or fixed-term positions, and should be provided to the employee no later than one month after the commencement of employment, as mandated by Austrian law. The document encompasses all essential aspects of the employment relationship as required by the AVRAG, including remuneration, working hours, leave entitlements, and notice periods. It serves multiple purposes: establishing clear terms of employment, ensuring compliance with Austrian labor laws, protecting both employer and employee rights, and providing a reference point for the entire duration of the employment relationship. The contract must be tailored to reflect specific role requirements while maintaining compliance with applicable collective bargaining agreements and works council agreements where relevant.

What sections should be included in a Hiring Contract?

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

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities

5. Commencement and Duration: Start date and type of contract (fixed-term or indefinite)

6. Probationary Period: Details of the initial probationary period

7. Place of Work: Primary workplace location and any mobility requirements

8. Working Hours: Regular working hours, breaks, and overtime arrangements

9. Remuneration: Salary, payment intervals, and any additional benefits

10. Leave Entitlements: Annual leave, public holidays, and other types of leave

11. Sick Leave and Continued Remuneration: Provisions for illness and sick pay

12. Social Security and Insurance: Details of mandatory social security contributions and insurance

13. Termination: Notice periods and conditions for termination

14. Confidentiality: Obligations regarding company confidential information

15. Data Protection: Handling of personal data and privacy requirements

16. Governing Law: Confirmation of Austrian law application

17. Signatures: Execution blocks for both parties

What sections are optional to include in a Hiring Contract?

1. Non-Competition: Post-employment competition restrictions, used for senior positions or roles with access to sensitive information

2. Intellectual Property: IP rights and assignment provisions, relevant for creative or technical roles

3. Company Car: Terms for provision and use of a company vehicle, if applicable

4. Commission Structure: Details of sales commission or performance-based compensation, for sales roles

5. Remote Working: Provisions for home office or remote work arrangements, if applicable

6. Training and Development: Provisions for professional development and training requirements

7. Stock Options: Details of any share option schemes, for senior positions or startups

8. International Travel: Terms for international travel and assignments, for roles requiring travel

9. Language Requirements: Specific language proficiency requirements and testing, for positions requiring multiple languages

What schedules should be included in a Hiring Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting structure

2. Schedule 2 - Compensation Details: Breakdown of salary components, bonuses, and benefits

3. Schedule 3 - Company Policies: Reference to or summary of key company policies applicable to the role

4. Schedule 4 - Code of Conduct: Company's code of conduct and ethical guidelines

5. Schedule 5 - Benefits Package: Detailed description of all employee benefits and eligibility conditions

6. Appendix A - Data Privacy Notice: Detailed information about personal data processing and privacy rights

7. Appendix B - Health and Safety Guidelines: Workplace safety requirements and procedures

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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