Workers Contract Of Employment Template for Austria

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Workers Contract Of Employment

"I need a Workers Contract of Employment under Austrian law for a senior software developer position, starting March 1, 2025, with remote work provisions and intellectual property clauses for a technology company based in Vienna."

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What is a Workers Contract Of Employment?

The Workers Contract of Employment is a fundamental legal document used in Austria to formalize the employment relationship between employers and employees. This contract type is essential for any business operating in Austria that wishes to hire employees in compliance with local labor laws. It must adhere to various Austrian regulations, including the AVRAG, ArbVG, and relevant collective bargaining agreements. The document serves multiple purposes: it protects both parties' rights and obligations, ensures legal compliance, establishes clear employment terms, and provides a reference point for resolving any future disputes. The contract should be prepared before the commencement of employment and must include all mandatory information required by Austrian law, such as working hours, salary, leave entitlements, and notice periods.

What sections should be included in a Workers Contract Of Employment?

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 whether the contract is fixed-term or permanent

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 guaranteed bonuses

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

11. Sick Pay: Sick leave entitlements and notification requirements

12. Social Insurance: Social security and insurance arrangements

13. Termination: Notice periods and termination procedures

14. Confidentiality: Obligations regarding company confidential information

15. Governing Law: Confirmation of Austrian law application

16. Signatures: Execution blocks for both parties

What sections are optional to include in a Workers Contract Of Employment?

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

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

3. Remote Work: Provisions for home office or remote working arrangements

4. Non-Competition: Post-employment competition restrictions, if applicable and permitted

5. Intellectual Property: IP rights provisions for creative or technical roles

6. Commission Structure: Details of commission schemes for sales roles

7. Training Requirements: Mandatory training and professional development obligations

8. Data Protection: GDPR compliance and data processing consent

9. Travel Requirements: Business travel terms and compensation for roles requiring travel

10. Additional Benefits: Any additional benefits such as private health insurance or meal vouchers

What schedules should be included in a Workers Contract Of Employment?

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

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

3. Schedule 3 - Company Policies: Key company policies that form part of the employment contract

4. Schedule 4 - Bonus Scheme: Details of any applicable bonus or commission schemes

5. Schedule 5 - Company Car Policy: Terms and conditions of company car use if applicable

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Usage Policy: Rules and guidelines for using company IT systems

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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