Work Contract Agreement Template for Austria

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Work Contract Agreement

"I need a Work Contract Agreement under Austrian law for a senior software developer position, including remote work provisions and stock option plans, with employment starting March 1, 2025."

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What is a Work Contract Agreement?

The Work Contract Agreement (Dienstvertrag) is a fundamental document required for establishing employment relationships in Austria. It serves as the primary legal instrument defining the terms and conditions of employment between an employer and employee, ensuring compliance with Austrian labor laws and regulations. This document is essential when hiring new employees, whether for permanent or fixed-term positions, and must be provided within one month of the employment relationship beginning. It incorporates mandatory provisions required by Austrian law, including working hours, remuneration, leave entitlements, and notice periods, while also allowing for customization based on specific role requirements and company policies. The agreement ensures transparency in the employment relationship and provides legal certainty for both parties under Austrian jurisdiction.

What sections should be included in a Work Contract Agreement?

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 agreement

4. Position and Duties: Job title, role description, and main responsibilities

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

6. Probationary Period: Length and terms of the initial probationary period

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

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

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

10. Leave Entitlements: Annual leave, public holidays, and other types of leave

11. Sick Leave and Continued Pay: Provisions for illness-related absences and payment continuation

12. Social Insurance: Social security and insurance arrangements

13. Confidentiality: Obligations regarding company information and trade secrets

14. Data Protection: Handling of personal data and privacy requirements

15. Notice Period: Terms for termination of employment

16. Governing Law: Confirmation of Austrian law application

17. Signatures: Execution section for both parties

What sections are optional to include in a Work Contract Agreement?

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

2. Mobile Working/Home Office: Terms for remote work arrangements if applicable

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

4. Non-Competition: Post-employment competition restrictions if required

5. Training and Development: Provisions for professional development and training requirements

6. Performance Bonuses: Structure and conditions of variable compensation if offered

7. Stock Options/Share Schemes: Terms of participation in company share programs if available

8. International Travel: Terms for business travel if required

9. Intellectual Property: IP rights assignments for roles involving creative or technical work

10. Secondary Employment: Rules regarding additional employment if relevant

What schedules should be included in a Work Contract Agreement?

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

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

3. Schedule 3 - Company Policies: Reference to or summary of key company policies

4. Schedule 4 - Working Time Arrangements: Detailed working hours, shift patterns if applicable

5. Appendix A - Employee Handbook Reference: Reference to company handbook and key provisions

6. Appendix B - Benefits Summary: Detailed description of all employee benefits

7. Appendix C - IT and Communications Policy: Rules for use of company IT systems and communication tools

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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