This Non Fixed Term Contract template is designed for establishing permanent employment relationships under Austrian law. It serves as the primary document for formalizing ongoing employment arrangements between employers and employees in Austria, providing a comprehensive framework that adheres to Austrian labor legislation, including the ABGB, AngG, and relevant collective agreements. The document should be used when hiring permanent employees in Austria, whether full-time or part-time, and includes all mandatory provisions required by Austrian law while allowing flexibility for role-specific customization. It incorporates essential elements such as remuneration terms, working hours, leave entitlements, and notice periods, along with specific Austrian requirements regarding probationary periods, continued pay during illness, and data protection obligations.
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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, responsibilities, and reporting lines
5. Commencement and Duration: Start date and confirmation of non-fixed term nature of employment
6. Probationary Period: Standard one-month probationary period as per Austrian law
7. Place of Work: Primary workplace location and any mobility requirements
8. Working Hours: Regular working hours, overtime arrangements, and flexibility provisions
9. Remuneration: Base salary, payment intervals, and statutory deductions
10. Annual Leave: Annual vacation entitlement and public holidays
11. Sick Leave and Continued Pay: Sick leave entitlements and notification requirements
12. Notice Period: Notice periods for termination by either party
13. Confidentiality: Obligations regarding company confidential information
14. Data Protection: Handling of personal data under GDPR requirements
15. Governing Law: Confirmation of Austrian law application
1. Collective Agreement: Reference to applicable collective agreement if the employer is bound by one
2. Bonus Arrangements: Details of any performance-related pay or bonus schemes
3. Company Car: Terms of company car provision if applicable
4. Mobile Work Arrangements: Provisions for remote work or home office if permitted
5. Non-Competition: Post-employment restrictions if applicable and agreed
6. Additional Benefits: Any additional benefits such as pension contributions or health insurance
7. Training Requirements: Mandatory training or professional development obligations
8. Travel Requirements: Terms for business travel if regular travel is expected
9. Intellectual Property: IP rights assignment if relevant to the role
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: List of applicable company policies and procedures
4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing
5. Appendix A - Time Recording: Specific procedures for recording working time
6. Appendix B - Expense Policy: Rules and procedures for expense reimbursement
Authors
Relevant legal definitions
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Relevant Industries
Technology
Manufacturing
Financial Services
Professional Services
Retail
Healthcare
Education
Construction
Hospitality
Transportation
Energy
Media and Entertainment
Telecommunications
Real Estate
Non-Profit
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Administration
Product Management
Quality Assurance
Business Development
Corporate Communications
Procurement
Relevant Roles
Chief Executive Officer
Managing Director
Department Manager
Project Manager
Senior Software Developer
Marketing Specialist
Financial Analyst
Human Resources Officer
Sales Representative
Administrative Assistant
Research Scientist
Product Manager
Operations Supervisor
Customer Service Representative
Technical Support Specialist
Business Development Manager
Account Manager
Quality Assurance Engineer
Legal Counsel
Data Analyst
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