Staffing Agency Contract Template for Austria

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Staffing Agency Contract

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What is a Staffing Agency Contract?

The Staffing Agency Contract serves as the foundational document for temporary employment arrangements in Austria, establishing the legal and operational framework between staffing agencies and client companies. This document is essential when companies seek flexible workforce solutions while ensuring compliance with Austrian employment laws, particularly the Arbeitskräfteüberlassungsgesetz (AÜG). It addresses critical aspects such as worker rights, payment terms, liability allocation, and regulatory compliance, while incorporating specific requirements of Austrian labor law. The contract is designed to protect all parties' interests while facilitating efficient temporary staffing arrangements, making it a crucial tool for businesses operating in the Austrian market that require temporary staffing solutions.

What sections should be included in a Staffing Agency Contract?

1. Parties: Identification of the staffing agency and the client company, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Services', 'Assignment', etc.

4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Agency Obligations: Staffing agency's responsibilities including worker screening, compliance with AÜG, insurance, and administrative duties

6. Client Obligations: Client company's responsibilities including workplace safety, supervision, and cooperation with the agency

7. Worker Status and Rights: Clarification of employment relationships and workers' rights under Austrian law

8. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any additional charges

9. Duration and Termination: Contract term, renewal provisions, and termination conditions

10. Compliance and Regulations: Commitment to comply with AÜG and other relevant Austrian employment laws

11. Liability and Insurance: Allocation of risks, insurance requirements, and indemnification provisions

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling procedures

14. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction under Austrian law

What sections are optional to include in a Staffing Agency Contract?

1. Non-Solicitation: Restrictions on hiring temporary workers directly, used when the agency wants to protect its workforce

2. Performance Guarantees: Specific service level commitments, included for high-volume or strategic clients

3. Training and Development: Provisions for worker training and skill development, relevant for long-term or specialized placements

4. International Assignments: Additional terms for cross-border placements, needed when workers may be placed internationally

5. Collective Agreement Compliance: Specific provisions relating to applicable collective agreements, included when relevant to the industry

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

7. Succession Planning: Procedures for replacing key temporary workers, important for critical positions

What schedules should be included in a Staffing Agency Contract?

1. Schedule 1: Fee Schedule: Detailed breakdown of rates, markups, and additional charges

2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3: Required Worker Qualifications: Standard qualification requirements for different worker categories

4. Schedule 4: Assignment Template: Standard form for documenting individual worker assignments

5. Schedule 5: Health and Safety Requirements: Specific workplace safety requirements and procedures

6. Appendix A: Standard Operating Procedures: Detailed procedures for worker placement and management

7. Appendix B: Compliance Checklist: Checklist ensuring compliance with AÜG requirements

8. Appendix C: Required Documentation: List of required worker and compliance documentation

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

Manufacturing

Construction

Information Technology

Healthcare

Retail

Hospitality

Logistics

Financial Services

Professional Services

Industrial

Agriculture

Education

Administrative Services

Customer Service

Relevant Teams

Human Resources

Legal

Compliance

Operations

Procurement

Finance

Risk Management

Business Development

Contract Administration

Project Management

Relevant Roles

HR Director

HR Manager

Recruitment Manager

Legal Counsel

Compliance Officer

Operations Director

Procurement Manager

Contracts Manager

Staffing Coordinator

Workforce Planning Manager

Account Manager

Business Development Manager

Risk Manager

Finance Director

Project Manager

Industries
Arbeitskräfteüberlassungsgesetz (AÜG): The Austrian Temporary Employment Act - Primary legislation governing temporary work and staffing agencies, including licensing requirements, rights and obligations of all parties, and protection of temporary workers
Arbeitsvertragsrechts-Anpassungsgesetz (AVRAG): Employment Contract Law Adaptation Act - Regulates employment contracts and includes provisions relevant to temporary employment relationships
Arbeitsverfassungsgesetz (ArbVG): Labor Constitution Act - Governs collective labor relations and worker representation rights, including those of temporary workers
Allgemeines Bürgerliches Gesetzbuch (ABGB): Austrian Civil Code - Contains fundamental provisions on contract law and employment relationships that apply to staffing arrangements
Arbeitszeit- und Arbeitsruhegesetz: Working Time Act - Regulates working hours, rest periods, and overtime, which must be addressed in staffing contracts
Gleichbehandlungsgesetz (GlBG): Equal Treatment Act - Ensures non-discrimination in employment, including temporary work arrangements
Gewerbeordnung (GewO): Austrian Trade Act - Contains regulations for operating a staffing agency as a business in Austria
Arbeitnehmerschutzgesetz (ASchG): Employee Protection Act - Covers workplace safety and health regulations that apply to temporary workers
Allgemeines Sozialversicherungsgesetz (ASVG): General Social Insurance Law - Governs social security obligations for both staffing agencies and temporary workers
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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