Labour Hire Contract Template for Austria

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Labour Hire Contract

"I need an Austrian Labour Hire Contract for temporary IT developers who will be placed with various technology companies in Vienna, including provisions for remote work and intellectual property protection for software development."

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What is a Labour Hire Contract?

The Labour Hire Contract is essential for temporary staffing arrangements in Austria, where it serves as the primary legal instrument for establishing and managing temporary employment relationships. This document is specifically designed to comply with the Austrian Labour Hire Act (AÜG) and related employment legislation, making it suitable for situations where companies need flexible workforce solutions while ensuring worker protection. The contract addresses all crucial aspects of the temporary employment relationship, including assignment details, working conditions, remuneration, and social benefits. It's particularly important as it needs to balance the interests of all three parties involved - the temporary work agency, the worker, and the hiring company - while ensuring compliance with Austria's strict labor protection standards and social security requirements.

What sections should be included in a Labour Hire Contract?

1. Parties: Identification of the three parties: temporary work agency (employer), temporary worker, and hiring company

2. Background: Context of the temporary work arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the contract including 'Assignment', 'Workplace', 'Basic Salary', etc.

4. Duration of Agreement: Term of the employment relationship and any probationary period

5. Nature of Employment: Description of the temporary nature of work and potential assignments

6. Position and Duties: Job title, responsibilities, and scope of work

7. Place of Work: Primary workplace and possibility of different assignment locations

8. Working Hours: Regular working hours, overtime provisions, and rest periods as per AZG

9. Remuneration: Salary, bonuses, allowances, and payment terms

10. Leave Entitlements: Annual leave, sick leave, and other leave entitlements

11. Social Insurance: Social security arrangements and insurance coverage

12. Termination Provisions: Notice periods and conditions for termination

13. Confidentiality: Protection of confidential information of both agency and hiring company

14. Data Protection: Handling of personal data under GDPR requirements

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

What sections are optional to include in a Labour Hire Contract?

1. Training Requirements: Include when specific training or certifications are required for assignments

2. Travel Provisions: Include when work requires regular travel between different locations

3. Equipment and Tools: Include when specific provisions about work equipment are necessary

4. Non-Compete Clause: Include when restricting worker from directly working for hiring companies

5. Performance Bonuses: Include when performance-based compensation is part of the arrangement

6. Shift Work Provisions: Include for positions involving shift work

7. Special Allowances: Include when specific allowances (e.g., danger money) are applicable

8. Works Council Rights: Include when works council involvement is required

What schedules should be included in a Labour Hire Contract?

1. Schedule 1 - Basic Employment Terms: Detailed terms including salary, working hours, and basic benefits

2. Schedule 2 - Assignment Details: Specific information about the current or initial assignment

3. Schedule 3 - Code of Conduct: Workplace rules and behavioral expectations

4. Schedule 4 - Health and Safety Guidelines: Safety procedures and requirements specific to assignments

5. Schedule 5 - Benefits Schedule: Detailed breakdown of all applicable benefits and allowances

6. Appendix A - Required Qualifications: List of mandatory qualifications and certifications

7. Appendix B - Collective Agreement References: Applicable collective agreement provisions

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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Industries
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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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