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Employment Agency Contract for Austria

Employment Agency Contract Template for Austria

This Employment Agency Contract is a comprehensive legal agreement governed by Austrian law, specifically designed to establish and regulate the relationship between employment agencies and their client companies. The document incorporates key requirements from Austrian labor legislation, including the Arbeitsmarktförderungsgesetz (AMFG) and Arbeitskräfteüberlassungsgesetz (AÜG), while ensuring compliance with EU regulations such as GDPR. It outlines the terms and conditions for recruitment services, including candidate search and placement, fee structures, warranties, and data protection obligations, providing a robust framework for professional recruitment services in the Austrian market.

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What is a Employment Agency Contract?

The Employment Agency Contract serves as a crucial legal framework for recruitment services in Austria, establishing the rights, obligations, and commercial terms between employment agencies and their client companies. This document is essential when engaging professional recruitment services for permanent or temporary staffing needs, ensuring compliance with Austrian employment laws and EU regulations. The contract covers key aspects such as service scope, fee structures, data protection, and placement guarantees, while incorporating specific requirements from Austrian legislation including the Arbeitsmarktförderungsgesetz (AMFG) and relevant EU directives. It's particularly important for businesses seeking to outsource their recruitment processes or establish ongoing relationships with recruitment providers in the Austrian market.

What sections should be included in a Employment Agency Contract?

1. Parties: Identification of the employment agency and the client company, including full legal names, registration details, and addresses

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

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Candidates', 'Placement', 'Success Fee', etc.

4. Scope of Services: Detailed description of recruitment services to be provided, including search, screening, and placement services

5. Agency Obligations: The employment agency's responsibilities, including candidate screening, documentation, and compliance with labor laws

6. Client Obligations: Client's responsibilities, including providing accurate job descriptions, timely feedback, and cooperation

7. Fees and Payment Terms: Fee structure, payment schedules, and conditions for success fees or placement fees

8. Data Protection and Privacy: Compliance with GDPR and Austrian data protection laws, including data handling procedures

9. Confidentiality: Protection of confidential information exchanged during the recruitment process

10. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and professional standards

11. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties

12. Term and Termination: Duration of the agreement and conditions for termination

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Employment Agency Contract?

1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period, used when offering placement guarantees

2. International Recruitment: Additional provisions for cross-border recruitment services, included when international placements are offered

3. Volume Discounts: Special pricing arrangements for bulk hiring, included for larger clients with multiple positions

4. Exclusivity Provisions: Terms for exclusive recruitment arrangements, used when the agency is the sole provider

5. Temporary Staffing: Additional terms for temporary staff placement, included if offering both permanent and temporary staffing

6. Service Level Agreement: Specific performance metrics and response times, included for more sophisticated client relationships

What schedules should be included in a Employment Agency Contract?

1. Schedule 1: Fee Structure: Detailed breakdown of all fees, including placement fees, retainers, and additional services

2. Schedule 2: Service Specifications: Detailed description of recruitment process, methodologies, and timelines

3. Schedule 3: Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR and Austrian law

4. Schedule 4: Required Documentation: List of required documents and forms for both candidates and clients

5. Appendix A: Standard Terms and Conditions: General terms and conditions applicable to all services

6. Appendix B: Compliance Checklist: Checklist ensuring compliance with Austrian employment and agency regulations

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

Employment Contract

Cost

Free to use
Relevant legal definitions

































Clauses









































Relevant Industries

Professional Services

Information Technology

Manufacturing

Financial Services

Healthcare

Retail

Construction

Education

Hospitality

Logistics

Telecommunications

Energy

Real Estate

Media and Entertainment

Consulting

Relevant Teams

Human Resources

Legal

Procurement

Compliance

Finance

Operations

Talent Acquisition

Risk Management

Business Development

Administration

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Talent Acquisition Manager

Operations Director

Business Development Manager

Compliance Officer

Finance Director

HR Business Partner

Recruitment Manager

Contract Manager

Chief Human Resources Officer

General Counsel

Head of Talent Acquisition

Hiring 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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