Regular Employment Contract Template for Austria

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Regular Employment Contract

"I need a Regular Employment Contract under Austrian law for a senior software developer position with provisions for hybrid working arrangements (3 days office, 2 days remote) and special clauses for intellectual property protection, starting March 1, 2025."

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What is a Regular Employment Contract?

The Regular Employment Contract is a fundamental legal document used in Austria to establish formal employment relationships in compliance with Austrian labor law. This contract type is essential when hiring full-time or part-time employees in Austria and must be provided to the employee no later than one month after the beginning of the employment relationship. It includes all mandatory provisions required by Austrian legislation, such as working hours, salary, leave entitlements, and notice periods. The document serves as a crucial reference point for both employer and employee, outlining their respective rights and obligations while ensuring compliance with Austrian employment regulations, collective bargaining agreements (where applicable), and social security requirements.

What sections should be included in a Regular Employment 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, and main responsibilities

5. Commencement and Duration: Start date and type of contract (indefinite or fixed-term)

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

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

8. Working Hours: Regular working hours, break times, and overtime arrangements

9. Remuneration: Salary, payment intervals, and any additional compensation

10. Annual Leave: Vacation entitlement and rules for requesting leave

11. Sick Leave and Benefits: Sick leave entitlements and notification requirements

12. Social Security and Insurance: Mandatory social security contributions and insurance coverage

13. Termination: Notice periods and conditions for contract termination

14. Confidentiality: Protection of company information and trade secrets

15. Governing Law: Specification of Austrian law as governing law

16. Signatures: Execution section for both parties

What sections are optional to include in a Regular Employment Contract?

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

2. Bonus Arrangements: Details of any performance-based bonuses or commission structures

3. Company Car: Terms of company car usage if provided

4. Home Office Arrangements: Rules and conditions for remote working if applicable

5. Non-Competition: Post-employment competition restrictions (must comply with Austrian law limitations)

6. Training and Development: Provisions for professional development and required training

7. Data Protection: Specific GDPR compliance measures and data handling procedures

8. Additional Benefits: Any additional benefits like meal vouchers, gym membership, etc.

9. Work Equipment: Provisions regarding company-provided equipment and its use

10. International Travel: Terms for business travel if role requires international movement

What schedules should be included in a Regular Employment 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: Reference to key company policies that form part of the employment terms

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

5. Schedule 5 - Workplace Safety Guidelines: Specific safety regulations and procedures

6. Appendix A - Employee Handbook Reference: Reference to relevant sections of the employee handbook

7. Appendix B - Benefits Summary: Detailed overview of all employee benefits

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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