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Pre Employment Agreement Template for Austria

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Pre Employment Agreement

"I need a Pre Employment Agreement under Austrian law for hiring a Senior Executive from Germany, starting March 2025, with extensive confidentiality provisions and relocation terms for our Vienna headquarters."

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What is a Pre Employment Agreement?

The Pre-Employment Agreement serves as a crucial legal framework in the Austrian employment context, typically used when there is a need to formalize arrangements between potential employers and candidates before the actual employment contract takes effect. This document is particularly valuable when dealing with senior positions, roles requiring extensive preparation or training, or situations involving sensitive information access during the pre-employment phase. It ensures compliance with Austrian labor laws, data protection regulations (including GDPR), and industry-specific requirements while clearly defining the rights, obligations, and expectations of both parties during this preliminary period. The agreement typically includes provisions for confidentiality, intellectual property protection, pre-employment screening, and proposed employment terms, helping to minimize potential disputes and ensure a smooth transition into formal employment.

What sections should be included in a Pre Employment Agreement?

1. Parties: Identification of the potential employer and potential employee, including full legal names and addresses

2. Background: Context of the pre-employment relationship, including the intended position and basic purpose of the agreement

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Duration of Pre-Employment Period: Specified timeframe for the pre-employment arrangement, including start and end dates

5. Proposed Employment Terms: Overview of the intended employment terms, subject to the final employment agreement

6. Pre-Employment Obligations: Specific requirements and commitments during the pre-employment period

7. Confidentiality: Obligations regarding confidential information accessed during the pre-employment period

8. Data Protection: Provisions for handling personal data in compliance with GDPR and Austrian Data Protection Act

9. Intellectual Property: Ownership and rights regarding any IP created during the pre-employment period

10. Termination: Conditions under which the pre-employment agreement can be terminated

11. Governing Law: Specification of Austrian law as governing law and jurisdiction

What sections are optional to include in a Pre Employment Agreement?

1. Training Requirements: Used when specific training or certifications are required before employment begins

2. Work Permits: Include for non-Austrian citizens requiring employment authorization

3. Pre-Employment Testing: When specific assessments or tests are required before employment

4. Relocation Provisions: Include when the position requires relocation assistance

5. Non-Competition: Used when restricting work with competitors during the pre-employment period

6. Expense Reimbursement: Include when pre-employment activities involve reimbursable expenses

7. Background Check Authorization: When background checks are required as part of pre-employment screening

What schedules should be included in a Pre Employment Agreement?

1. Schedule 1 - Position Description: Detailed description of the proposed role and responsibilities

2. Schedule 2 - Proposed Compensation Package: Overview of the intended salary and benefits package

3. Schedule 3 - Required Qualifications: List of mandatory qualifications, certifications, or credentials

4. Appendix A - Pre-Employment Timeline: Detailed timeline of pre-employment activities and deadlines

5. Appendix B - Required Documentation: List of documents required before employment can commence

6. Appendix C - Company Policies: Relevant company policies applicable during the pre-employment period

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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