The Non-Compete Solicitation Agreement is a crucial document used in Austrian employment contexts to protect business interests when an employee departs from the organization. This agreement becomes particularly relevant for employees who have access to sensitive business information, substantial customer relationships, or specialized knowledge that could potentially harm the business if used by competitors. Under Austrian law, such agreements must include specific compensation for the non-compete period, cannot exceed one year in duration, and must be reasonable in geographical scope. The document typically includes detailed provisions on prohibited competitive activities, customer non-solicitation terms, and employee non-solicitation clauses, all carefully drafted to comply with Austrian labor law requirements and EU regulations. It's essential to note that Austrian courts generally scrutinize these agreements carefully to ensure they don't unduly restrict an employee's constitutional right to work.
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1. Parties: Identification of the contracting parties, including full legal names and addresses
2. Background: Context of the agreement, including the nature of the previous employment or business relationship
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', and 'Restricted Period'
4. Non-Compete Obligations: Detailed restrictions on competitive activities, including specific prohibited activities, geographical scope, and duration (maximum 1 year under Austrian law)
5. Non-Solicitation of Customers: Restrictions on approaching or dealing with customers or potential customers of the company
6. Non-Solicitation of Employees: Restrictions on recruiting or attempting to recruit company employees
7. Compensation: Details of compensation provided for the non-compete obligations (mandatory under Austrian law)
8. Duration and Territory: Specific timeframe and geographical scope of the restrictions
9. Confidentiality Obligations: Obligations regarding the protection and non-disclosure of confidential information
10. Acknowledgments: Statements confirming the reasonableness and necessity of the restrictions
11. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
12. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement
1. Garden Leave: Provisions for paid leave during notice period - include when dealing with senior executives or high-risk employees
2. Post-Termination Assistance: Requirements for transition assistance - relevant for key personnel or technical roles
3. International Scope: Additional provisions for cross-border enforcement - include when restrictions apply across multiple jurisdictions
4. Industry-Specific Restrictions: Detailed restrictions specific to particular industries - include for regulated industries or specialized sectors
5. Training Cost Reimbursement: Provisions for recovering training investments - include when significant training costs are involved
6. Customer List Protection: Specific provisions protecting customer relationships - include for client-facing roles
7. Intellectual Property Protection: Additional IP-related restrictions - include for technical or creative roles
1. Schedule 1 - Restricted Territory: Detailed definition of geographical areas covered by restrictions, including maps or specific boundary descriptions
2. Schedule 2 - Compensation Schedule: Detailed breakdown of compensation for non-compete obligations, including payment terms and conditions
3. Schedule 3 - Restricted Customers: List of specific customers covered by non-solicitation provisions (if applicable)
4. Schedule 4 - Competing Businesses: Detailed list of businesses or activities considered competitive
5. Appendix A - Confidential Information: Detailed description of information considered confidential under the agreement
6. Appendix B - Acknowledgment Form: Form for periodic acknowledgment of ongoing compliance with restrictions
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