Non Fixed Term Contract Template for Austria

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Non Fixed Term Contract

"I need an Austrian law Non Fixed Term Contract for a Senior Software Developer position starting March 1, 2025, including provisions for hybrid working arrangements (3 days office/2 days remote) and intellectual property protections for software development work."

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What is a Non Fixed Term Contract?

This Non Fixed Term Contract template is designed for establishing permanent employment relationships under Austrian law. It serves as the primary document for formalizing ongoing employment arrangements between employers and employees in Austria, providing a comprehensive framework that adheres to Austrian labor legislation, including the ABGB, AngG, and relevant collective agreements. The document should be used when hiring permanent employees in Austria, whether full-time or part-time, and includes all mandatory provisions required by Austrian law while allowing flexibility for role-specific customization. It incorporates essential elements such as remuneration terms, working hours, leave entitlements, and notice periods, along with specific Austrian requirements regarding probationary periods, continued pay during illness, and data protection obligations.

What sections should be included in a Non Fixed Term 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, responsibilities, and reporting lines

5. Commencement and Duration: Start date and confirmation of non-fixed term nature of employment

6. Probationary Period: Standard one-month probationary period as per Austrian law

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

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

9. Remuneration: Base salary, payment intervals, and statutory deductions

10. Annual Leave: Annual vacation entitlement and public holidays

11. Sick Leave and Continued Pay: Sick leave entitlements and notification requirements

12. Notice Period: Notice periods for termination by either party

13. Confidentiality: Obligations regarding company confidential information

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

15. Governing Law: Confirmation of Austrian law application

What sections are optional to include in a Non Fixed Term Contract?

1. Collective Agreement: Reference to applicable collective agreement if the employer is bound by one

2. Bonus Arrangements: Details of any performance-related pay or bonus schemes

3. Company Car: Terms of company car provision if applicable

4. Mobile Work Arrangements: Provisions for remote work or home office if permitted

5. Non-Competition: Post-employment restrictions if applicable and agreed

6. Additional Benefits: Any additional benefits such as pension contributions or health insurance

7. Training Requirements: Mandatory training or professional development obligations

8. Travel Requirements: Terms for business travel if regular travel is expected

9. Intellectual Property: IP rights assignment if relevant to the role

What schedules should be included in a Non Fixed Term Contract?

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

2. Schedule 2 - Remuneration Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing

5. Appendix A - Time Recording: Specific procedures for recording working time

6. Appendix B - Expense Policy: Rules and procedures for expense reimbursement

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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