The Employee Non-Compete Agreement is a crucial document for protecting company interests under Austrian employment law. It is typically implemented when onboarding employees who will have access to sensitive business information, key client relationships, or trade secrets. The agreement must comply with strict Austrian legal requirements, including a maximum duration of one year post-employment and mandatory compensation of at least 50% of the employee's last salary during the restricted period. This document is particularly important in knowledge-intensive industries and for senior positions where employees gain significant insider knowledge or client relationships. The agreement must balance the employer's legitimate business interests with the employee's constitutional right to work, as protected under Austrian law. It should be used selectively and tailored to specific roles where protection of business interests is demonstrably necessary.
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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 reason for the non-compete agreement
3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Confidential Information', 'Territory', etc.
4. Scope of Non-Compete: Detailed description of prohibited competitive activities and specific industry sectors covered
5. Geographic Limitation: Definition of the territorial scope where the non-compete restrictions apply
6. Duration: Time period of the non-compete obligation (maximum 1 year under Austrian law)
7. Compensation: Details of compensation for the non-compete period (minimum 50% of last salary under Austrian law)
8. Confidentiality Obligations: Requirements regarding non-disclosure of confidential information
9. Notice and Garden Leave: Provisions regarding notice period and any garden leave arrangements
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Severability: Provision ensuring that if any part is found invalid, the rest remains enforceable
12. Governing Law: Specification of Austrian law as governing law and jurisdiction
13. Entire Agreement: Confirmation that this document represents the complete agreement regarding non-compete obligations
1. Customer Non-Solicitation: Additional restrictions on approaching company customers, used for customer-facing roles
2. Employee Non-Solicitation: Restrictions on hiring company employees, relevant for management positions
3. Intellectual Property: Additional provisions regarding IP rights, used for technical or creative roles
4. Training Repayment: Provisions for repayment of training costs, used when significant training investment is made
5. Industry-Specific Restrictions: Additional restrictions specific to certain industries or professions
6. International Provisions: Additional provisions for employees working across multiple jurisdictions
7. Works Council Approval: Reference to works council approval where applicable under Austrian law
1. Schedule 1 - Compensation Calculation: Detailed breakdown of compensation during the non-compete period
2. Schedule 2 - Restricted Territory: Detailed map or list of geographical areas covered by restrictions
3. Schedule 3 - Competitor List: List of specific competitors or competing businesses covered by the agreement
4. Schedule 4 - Confidential Information: Detailed description of types of confidential information covered
5. Appendix A - Employee's Position and Duties: Detailed description of employee's role and responsibilities
6. Appendix B - Training Records: Details of specific training provided, if relevant to restrictions
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Manufacturing
Pharmaceuticals
Research and Development
Consulting
Software Development
Healthcare
Telecommunications
Engineering
Biotechnology
Media and Entertainment
Retail (Senior Level)
Energy
Relevant Teams
Sales
Research & Development
Executive Leadership
Product Development
Information Technology
Business Development
Client Services
Engineering
Professional Services
Strategic Planning
Senior Management
Innovation
Technical Operations
Customer Success
Market Strategy
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Sales Director
Senior Software Engineer
Research Scientist
Product Manager
Business Development Manager
Senior Consultant
Technical Lead
Account Manager
Department Head
Regional Manager
Chief Financial Officer
Senior Analyst
Managing Director
Vice President
Head of Innovation
Lead Engineer
Principal Consultant
Senior Account Executive
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