The International Employment Agreement is essential for companies operating in Austria who wish to employ international talent or manage cross-border employment relationships. This document is specifically designed to comply with Austrian employment law requirements while accommodating international elements of the employment relationship. It should be used when hiring foreign employees to work in Austria, when Austrian companies hire employees who will work partially abroad, or in other international employment scenarios. The agreement covers crucial aspects such as work permits, social security arrangements, tax considerations, and benefits structures that are compliant with both Austrian and relevant international regulations. It is particularly important in ensuring clear terms for international employees while maintaining compliance with mandatory Austrian labor law provisions.
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1. Parties: Identification of the employer entity and the employee, including full legal names and addresses
2. Background: Context of the employment relationship, including the international nature of the position
3. Definitions: Key terms used throughout the agreement, including specific Austrian legal terms
4. Position and Duties: Job title, role description, reporting lines, and primary responsibilities
5. Place of Work: Primary work location, any mobility clauses, and remote working arrangements
6. Term of Employment: Start date, type of contract (fixed-term/indefinite), and probationary period if applicable
7. Working Hours: Standard working hours, flexibility arrangements, and overtime provisions in compliance with Austrian law
8. Remuneration: Base salary, payment frequency, currency, and method of payment
9. Benefits: Mandatory and supplementary benefits, including insurance and pension arrangements
10. Annual Leave: Vacation entitlement, public holidays, and leave request procedures
11. Sick Leave and Other Absences: Sick pay, notification requirements, and other permitted absences
12. Confidentiality: Protection of company information and trade secrets
13. Data Protection: Handling of personal data in compliance with GDPR and Austrian data protection laws
14. Termination: Notice periods, grounds for termination, and procedural requirements under Austrian law
15. Governing Law: Specification of Austrian law as governing law and jurisdiction
16. Entire Agreement: Integration clause and relationship to other agreements
1. International Travel: Required for roles involving significant international travel, detailing travel policies and compensation
2. Language Requirements: When specific language skills are essential for the role
3. Secondment Provisions: For employees who may be seconded to other group companies or countries
4. Intellectual Property: For roles involving creation of IP or technical innovations
5. Post-termination Restrictions: Non-compete and non-solicitation clauses where appropriate under Austrian law
6. Flexible Working: Detailed remote work or flexible arrangements if not standard
7. Bonus Schemes: Details of any performance-related pay or bonus structures
8. Share Options/Equity: For positions including participation in company share schemes
9. Relocation Assistance: When the role involves relocation to Austria
10. Training Obligations: Where specific training or qualifications are required
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations
2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and allowances
3. Schedule 3 - Company Policies: Key company policies applicable to the employment
4. Schedule 4 - Benefits Summary: Detailed description of all benefits and eligibility conditions
5. Schedule 5 - Data Privacy Notice: Detailed information about personal data processing
6. Appendix A - Required Permits: List of required work permits and visas if applicable
7. Appendix B - Bonus Scheme Rules: Detailed rules and calculations for any applicable bonus schemes
8. Appendix C - Share Option Plan: Terms of any applicable share option or equity participation plan
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