The Employee Leasing Agreement is essential for businesses operating in Austria that either provide or require temporary workforce solutions. This agreement type is specifically regulated under Austrian law through the Arbeitskräfteüberlassungsgesetz (AÜG) and must comply with strict legal requirements regarding worker protection, equal treatment, and social security. The document is used when a company (the lending company) temporarily provides its employees to work for another company (the receiving company), establishing clear terms for supervision, workplace safety, liability, and payment arrangements. It's particularly valuable for businesses dealing with seasonal fluctuations, special projects, or temporary skill gaps, while ensuring full compliance with Austrian employment and social security legislation.
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1. Parties: Identification of the lending company (Ü), receiving company (äڳپ), and specification of their legal status
2. Background: Context of the agreement, including the purpose of employee leasing and general business relationship between parties
3. Definitions: Key terms used throughout the agreement, including 'Leased Employees', 'Assignment Period', 'Services', etc.
4. Scope of Services: Details of the employee leasing services, including the nature of work, qualifications required, and number of employees to be leased
5. Duration and Assignment Periods: Term of the framework agreement and specific assignment periods for employees
6. Rights and Obligations of the Lending Company: Responsibilities including employee selection, maintaining necessary permits, insurance, and employment contracts
7. Rights and Obligations of the Receiving Company: Responsibilities regarding workplace safety, supervision, working hours, and integration of leased employees
8. Employee Rights and Working Conditions: Provisions ensuring equal treatment, working hours, holidays, and application of collective agreements
9. Fees and Payment Terms: Billing rates, payment schedule, and any additional charges
10. Liability and Insurance: Distribution of liability between parties and required insurance coverage
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and handling of employee personal data
13. Termination: Conditions and process for terminating the agreement or individual assignments
14. Governing Law and Jurisdiction: Specification of Austrian law application and competent courts
1. Non-Solicitation: Prevents direct hiring of leased employees, used when the lending company wants to protect its workforce
2. Force Majeure: Addresses unforeseen circumstances preventing performance, particularly relevant post-COVID
3. Special Qualifications: Required for specialized positions requiring specific certifications or qualifications
4. International Assignments: Include when leased employees may work across borders
5. Training Provisions: Used when specific training requirements exist or cost sharing for training needs to be addressed
6. Substitution Rights: Procedures for replacing employees who are unavailable, if this flexibility is desired
7. Performance Metrics: When specific performance standards need to be maintained
8. Intellectual Property Rights: Required when leased employees may create IP during their assignment
1. Schedule 1 - Fee Schedule: Detailed breakdown of hourly rates, overtime rates, and additional charges
2. Schedule 2 - Service Description: Detailed description of the positions and required qualifications
3. Schedule 3 - Workplace Safety Guidelines: Specific safety requirements and procedures
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Appendix A - Required Permits and Licenses: Copies of necessary permits held by the lending company
6. Appendix B - Insurance Certificates: Proof of required insurance coverage
7. Appendix C - Standard Assignment Confirmation Form: Template for confirming individual employee assignments
8. Appendix D - Applicable Collective Agreements: Reference to or excerpt of relevant collective bargaining agreements
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Information Technology
Construction
Healthcare
Logistics and Transportation
Professional Services
Industrial Production
Financial Services
Retail
Hospitality
Engineering
Energy
Telecommunications
Pharmaceutical
Automotive
Relevant Teams
Human Resources
Legal
Operations
Procurement
Compliance
Finance
Risk Management
Executive Leadership
Contract Administration
Workforce Management
Relevant Roles
HR Director
Legal Counsel
Operations Manager
Procurement Manager
HR Business Partner
Compliance Officer
Project Manager
Finance Director
Contract Manager
Workforce Planning Manager
Risk Manager
General Counsel
Managing Director
HR Operations Manager
Chief Legal Officer
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