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Contract To Hire Agreement Template for Austria

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Contract To Hire Agreement

"I need a Contract to Hire Agreement under Austrian law for a senior software developer position in Vienna, with a 6-month temporary period starting March 1, 2025, including specific performance metrics for the software development industry and provisions for remote work arrangements."

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What is a Contract To Hire Agreement?

The Contract to Hire Agreement is utilized when organizations wish to evaluate potential permanent employees through an initial temporary employment period. This document, governed by Austrian law, serves as a comprehensive framework outlining both the temporary employment phase and the conditions for transitioning to permanent employment. It is particularly relevant in situations where employers want to assess cultural fit, skills, and performance before making a long-term commitment. The agreement includes essential elements required by Austrian labor law, including working hours, compensation, benefits, and termination provisions for both phases. It ensures compliance with local employment regulations while protecting the interests of both the employer and employee during the transition from temporary to permanent status. The document is structured to accommodate various industries and roles while maintaining consistency with Austrian employment legislation, particularly the AVRAG and AÜG.

What sections should be included in a Contract To Hire Agreement?

1. Parties: Identification of all parties involved: the employer, the employee, and any temporary employment agency if applicable

2. Background: Context of the agreement including the purpose of the temporary-to-permanent arrangement

3. Definitions: Key terms used throughout the agreement including 'Temporary Period', 'Conversion Date', 'Permanent Employment'

4. Term and Structure: Duration of the temporary period and conditions for transition to permanent employment

5. Temporary Employment Terms: Terms and conditions during the temporary employment phase, including role, responsibilities, and reporting structure

6. Conversion Process: Detailed process and conditions for converting to permanent employment

7. Permanent Employment Terms: Terms and conditions that will apply after conversion to permanent employment

8. Compensation and Benefits: Remuneration structure for both temporary and permanent phases, including any changes upon conversion

9. Working Hours and Location: Specified working hours, workplace location, and any flexibility arrangements

10. Obligations and Duties: Responsibilities and obligations of all parties during both phases

11. Termination Provisions: Conditions under which the agreement can be terminated during either phase

12. Confidentiality and Data Protection: Provisions regarding confidential information and personal data handling

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

14. Entire Agreement: Standard clause confirming this document as the complete agreement between parties

What sections are optional to include in a Contract To Hire Agreement?

1. Probationary Period: Optional section for including a probationary period during the temporary phase, if applicable under Austrian law

2. Non-Competition: Restrictions on working for competitors, if required (subject to Austrian law limitations)

3. Intellectual Property Rights: IP provisions if the role involves creative or technical work

4. Training and Development: Specific provisions for training during the temporary period if required for the role

5. Performance Metrics: Specific performance criteria that must be met for conversion to permanent employment

6. Relocation Terms: Terms related to relocation if the position requires moving to a different location

7. Commission Structure: For sales or similar roles where commission is part of compensation

8. Works Council Provisions: Required if the company has a works council that needs to be involved in the employment process

What schedules should be included in a Contract To Hire Agreement?

1. Schedule 1 - Job Description: Detailed description of roles and responsibilities for both temporary and permanent phases

2. Schedule 2 - Compensation Details: Detailed breakdown of salary, benefits, and any variable compensation components

3. Schedule 3 - Performance Criteria: Specific metrics and targets for evaluation during the temporary period

4. Schedule 4 - Company Policies: Reference to or inclusion of relevant company policies and procedures

5. Schedule 5 - Benefits Package: Detailed description of benefits during both temporary and permanent phases

6. Appendix A - Required Qualifications: List of qualifications, certifications, or licenses required for the role

7. Appendix B - Notice Periods: Detailed notice requirements for various situations under both phases

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Information Technology

Manufacturing

Professional Services

Financial Services

Healthcare

Engineering

Construction

Retail

Telecommunications

Biotechnology

Consulting

Education

Logistics

Media and Entertainment

Relevant Teams

Human Resources

Legal

Operations

Information Technology

Finance

Sales

Marketing

Research and Development

Quality Assurance

Customer Service

Product Development

Administration

Engineering

Manufacturing

Relevant Roles

Software Developer

Project Manager

Financial Analyst

Sales Representative

Operations Manager

Research Scientist

Marketing Specialist

Business Analyst

Manufacturing Engineer

HR Coordinator

Account Manager

Technical Support Specialist

Product Manager

Quality Assurance Engineer

Administrative Assistant

Data Analyst

Customer Service Representative

Design Engineer

Industries








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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