A Non-Compete Agreement is essential for protecting an organization's confidential information, trade secrets, and client relationships in the Austrian business context. This document is typically used when onboarding senior executives, technical specialists, or employees with access to sensitive business information. It must strictly comply with Austrian labor law requirements, which mandate a maximum restriction period of one year and minimum compensation of 50% of the employee's last salary during the restricted period. The agreement should be implemented during the initial employment contract phase or as a separate agreement with appropriate consideration. The document needs to balance the employer's legitimate business interests with the employee's right to work, as Austrian courts closely scrutinize these agreements for reasonableness and enforceability.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and legitimate business interests requiring protection
3. Definitions: Key terms including 'Competitive Activity', 'Restricted Territory', 'Confidential Information', and 'Business Interests'
4. Scope of Non-Competition: Detailed description of prohibited competitive activities, aligned with Austrian law requirements
5. Duration: Specification of the non-compete period (maximum 1 year under Austrian law)
6. Geographical Scope: Definition of the territorial boundaries where the restriction applies
7. Compensation: Details of the compensation for the non-compete period (minimum 50% of last salary under Austrian law)
8. Protection of Business Interests: Specification of legitimate business interests being protected
9. Breach and Remedies: Consequences of violation and available legal remedies
10. Severability: Provisions for partial validity if certain clauses are found unenforceable
11. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
1. Garden Leave: Optional provisions for garden leave period, if applicable to the employment relationship
2. Non-Solicitation: Additional restrictions on soliciting employees or customers, if agreed
3. Training Costs Repayment: Include if there are specific training investments to be protected
4. Industry-Specific Restrictions: Additional provisions specific to certain industries or professions
5. International Scope: Additional provisions for employees working across multiple jurisdictions
6. Early Termination Rights: Conditions under which either party may terminate the non-compete obligation
7. Alternative Dispute Resolution: Optional mediation or arbitration provisions
1. Schedule 1: Restricted Territory Map: Detailed map or list of geographical areas covered by the restriction
2. Schedule 2: Compensation Calculation: Detailed breakdown of the compensation structure during the non-compete period
3. Schedule 3: Competitive Business List: Specific list of competitors or competing activities
4. Schedule 4: Confidential Information: Detailed list of protected confidential information and trade secrets
5. Appendix A: Employee's Position Details: Details of the employee's role, responsibilities, and access to sensitive information
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Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Pharmaceuticals
Consulting
Research and Development
Software Development
Biotechnology
Engineering
Sales and Marketing
Telecommunications
Legal Services
Relevant Teams
Human Resources
Legal
Executive Leadership
Sales
Research & Development
Product Development
Client Services
Operations
Information Technology
Finance
Business Development
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Software Engineer
Sales Director
Business Development Manager
Research Scientist
Technical Lead
Product Manager
Senior Consultant
Financial Controller
Account Executive
Head of Operations
Senior Legal Counsel
Regional Manager
Technical Architect
Principal Engineer
Investment Manager
Clinical Director
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