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Employee Lease Agreement for Austria

Employee Lease Agreement Template for Austria

An Austrian Employee Lease Agreement is a legally binding contract governed by the Arbeitskräfteüberlassungsgesetz (Ü) that establishes the terms and conditions for temporary worker deployment between a staffing agency (lessor) and a client company (lessee). This agreement ensures compliance with Austrian labor laws while defining the rights, obligations, and responsibilities of all parties involved. It covers crucial aspects such as worker protection, equal treatment, compensation structures, workplace safety requirements, and data protection obligations, all within the framework of Austrian employment legislation and EU directives.

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What is a Employee Lease Agreement?

The Employee Lease Agreement is essential for businesses operating in Austria that either provide or utilize temporary staffing services. This document is specifically designed to comply with the Austrian Arbeitskräfteüberlassungsgesetz (Ü) and related employment laws, establishing a clear framework for temporary worker deployment. It should be used whenever a temporary work agency (lessor) provides workers to a client company (lessee), detailing all aspects of the arrangement including worker rights, payment terms, supervisory responsibilities, and compliance requirements. The agreement ensures protection of leased employees' rights while providing flexibility for businesses to manage their workforce needs effectively. It includes specific provisions required by Austrian law regarding equal treatment, workplace safety, and social security obligations, making it distinct from similar agreements in other jurisdictions.

What sections should be included in a Employee Lease Agreement?

1. Parties: Identification of the Lessor (temporary work agency), Lessee (client company), and their legal representatives

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Workplace', etc.

4. Scope of Services: Details of employee leasing services, including types of positions and qualifications required

5. Duration and Termination: Term of the agreement, notice periods, and conditions for termination

6. Rights and Obligations of the Lessor: Responsibilities of the temporary work agency, including employee selection, contracts, and payroll

7. Rights and Obligations of the Lessee: Client company's responsibilities regarding workplace safety, supervision, and working conditions

8. Employee Rights and Working Conditions: Provisions ensuring equal treatment and protection of leased employees as required by Ü

9. Fees and Payment Terms: Billing rates, payment schedule, and any additional charges

10. Compliance with Laws: Commitment to comply with Ü, labor laws, and social security regulations

11. Liability and Insurance: Distribution of risks and required insurance coverage

12. Confidentiality: Protection of business secrets and confidential information

13. Data Protection: GDPR compliance and handling of employee personal data

14. Governing Law and Jurisdiction: Specification of Austrian law application and competent courts

What sections are optional to include in a Employee Lease Agreement?

1. Non-Solicitation: Prevents direct hiring of leased employees, used when protecting the lessor's workforce is crucial

2. Intellectual Property Rights: Included when leased employees may create IP during their assignment

3. Training and Development: Used when specific training requirements or cost-sharing arrangements exist

4. Performance Monitoring: Include when specific KPIs or performance evaluation systems are needed

5. International Assignments: Required when employees may be posted across borders

6. Force Majeure: Added to address unforeseen circumstances affecting the leasing arrangement

7. Special Industry Requirements: Include for sectors with specific regulatory requirements (e.g., healthcare, construction)

What schedules should be included in a Employee Lease Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of hourly rates, overtime rates, and additional charges

2. Schedule 2 - Employee Specifications: Required qualifications, experience levels, and job descriptions for different positions

3. Schedule 3 - Service Level Agreement: Performance metrics, response times for employee replacement, and quality standards

4. Schedule 4 - Health and Safety Requirements: Specific workplace safety measures and responsibilities

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Appendix A - Required Documentation: List of mandatory documents for compliance (work permits, qualifications, etc.)

7. Appendix B - Employee Handbook: Workplace rules and policies applicable to leased employees

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Manufacturing

Information Technology

Construction

Healthcare

Logistics

Financial Services

Retail

Hospitality

Professional Services

Industrial Production

Engineering

Administrative Services

Relevant Teams

Human Resources

Legal

Operations

Compliance

Risk Management

Procurement

Finance

Administrative Services

Project Management Office

Employee Relations

Relevant Roles

HR Director

Legal Counsel

Operations Manager

Recruitment Manager

Compliance Officer

Staffing Coordinator

Human Resources Business Partner

Workforce Planning Manager

Employee Relations Manager

Risk Management Officer

Contract Administrator

Project Manager

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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