Performance Evaluation Template for Austria

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Key Requirements PROMPT example:

Performance Evaluation

"I need a Performance Evaluation agreement for a mid-sized software company in Austria with 150 employees, including provisions for remote work evaluation and quarterly reviews starting from January 2025, with specific focus on technical role metrics and GDPR compliance."

Document background
This Performance Evaluation document serves as a legally compliant framework for conducting employee assessments under Austrian law. It is essential for organizations operating in Austria that need to implement or formalize their performance review processes while adhering to local labor regulations, data protection requirements, and works council rights. The document typically comes into use when establishing new employment relationships, updating existing evaluation systems, or ensuring compliance with Austrian workplace regulations. It includes comprehensive details about evaluation criteria, procedures, documentation requirements, and appeal mechanisms, while specifically addressing Austrian legal requirements regarding employee rights, data protection (under DSG and GDPR), and works council participation where applicable.
Suggested Sections

1. Parties: Identification of the employer and employee, including relevant position titles and employment details

2. Background: Context of the performance evaluation system and its implementation within the organization

3. Definitions: Key terms used throughout the document, including performance metrics, rating scales, and evaluation periods

4. Evaluation Period: Specification of the timeframe covered by the evaluation and frequency of assessments

5. Performance Criteria: Detailed outline of the performance metrics and standards against which the employee will be evaluated

6. Evaluation Process: Step-by-step description of how the evaluation will be conducted, including meetings and documentation

7. Rights and Obligations: Legal rights and responsibilities of both employer and employee during the evaluation process

8. Data Protection: Provisions for handling personal data in compliance with DSG and GDPR requirements

9. Documentation Requirements: Specifications for recording and storing evaluation results and related communications

10. Review and Appeal Process: Procedures for employees to review and contest evaluation results

11. Consequences of Evaluation: How evaluation results may impact employment, compensation, or career development

Optional Sections

1. Works Council Provisions: Required when a works council exists, detailing their role in the evaluation process

2. Industry-Specific Metrics: Additional evaluation criteria specific to particular industries or professional roles

3. Remote Work Considerations: Special provisions for evaluating performance in remote or hybrid work arrangements

4. Training and Development: Links between performance evaluation and professional development opportunities

5. Variable Compensation: If applicable, connection between performance evaluation and bonus or variable pay components

6. Multi-Rater Feedback: When 360-degree or peer evaluation systems are implemented

7. Probationary Period Evaluation: Special provisions for employees during their probationary period

Suggested Schedules

1. Schedule A - Evaluation Form: Standard template for documenting performance evaluations

2. Schedule B - Performance Metrics: Detailed description of performance indicators and measurement methods

3. Schedule C - Rating Scale: Explanation of the rating system and scoring methodology

4. Schedule D - Timeline Template: Annual calendar of evaluation-related activities and deadlines

5. Schedule E - Self-Assessment Form: Template for employee self-evaluation

6. Appendix 1 - Appeal Form: Standard form for initiating the appeal process

7. Appendix 2 - Data Protection Notice: Detailed information about personal data processing in compliance with GDPR

8. Appendix 3 - Development Plan Template: Format for documenting agreed-upon development goals and actions

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Manufacturing

Information Technology

Healthcare

Retail

Professional Services

Education

Public Sector

Telecommunications

Construction

Hospitality

Energy

Transportation

Media and Entertainment

Pharmaceutical

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Training and Development

Senior Management

Operations

Performance Management

Organizational Development

Internal Audit

Personnel Administration

Relevant Roles

Chief Executive Officer

Human Resources Director

Department Manager

Team Leader

Project Manager

Senior Executive

Line Manager

HR Business Partner

Performance Management Specialist

Compliance Officer

Legal Counsel

Department Head

Supervisor

Employee Relations Manager

Training and Development Manager

Industries
Teams

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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