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Self Employed Agreement Template for Austria

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Self Employed Agreement

"I need a Self Employed Agreement under Austrian law for hiring a senior software developer as an independent contractor, with specific provisions for intellectual property rights and remote working arrangements, starting from March 2025."

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What is a Self Employed Agreement?

This Self Employed Agreement is essential for businesses operating in Austria that engage independent contractors, consultants, or freelance professionals. The document serves as a crucial legal framework that clearly establishes the self-employed status of the contractor while complying with Austrian civil and commercial laws. It's particularly important in the context of Austrian regulations, which require clear differentiation between employment and self-employment relationships to avoid misclassification risks. The agreement includes comprehensive provisions covering service scope, compensation, intellectual property rights, data protection under GDPR, and professional liability. It's designed to protect both parties' interests while ensuring compliance with Austrian tax regulations, social security requirements, and business laws. The document should be used whenever engaging independent contractors in Austria to ensure proper documentation of the business relationship and compliance with local legal requirements.

What sections should be included in a Self Employed Agreement?

1. Parties: Identification of the contracting parties - the client and the self-employed contractor, including full legal names, addresses, and registration numbers where applicable

2. Background: Context of the agreement, nature of the business relationship, and confirmation of contractor's self-employed status

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Scope of Services: Detailed description of the services to be provided by the contractor

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Fees and Payment Terms: Compensation structure, payment schedule, invoicing requirements, and expense policies

7. Independent Contractor Status: Clear statement of self-employed status and independence from client's organization

8. Obligations of the Contractor: Contractor's duties, quality standards, and performance requirements

9. Obligations of the Client: Client's responsibilities, including provision of necessary information and resources

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Insurance: Limitation of liability, indemnification, and required insurance coverage

14. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction for dispute resolution

What sections are optional to include in a Self Employed Agreement?

1. Non-Compete: Restrictions on working with competitors, used when contractor has access to sensitive competitive information

2. Equipment and Resources: Provisions regarding tools and resources, included when specific equipment or software is required

3. Substitute Performance: Right to use subcontractors or substitutes, included when relevant to the service nature

4. Quality Assurance: Specific quality standards and review processes, used for technical or professional services

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or critical service agreements

6. Training and Certification: Requirements for maintaining specific qualifications, included for regulated professions or technical roles

7. Publicity and References: Terms for using the relationship for marketing purposes, relevant for consulting or creative services

What schedules should be included in a Self Employed Agreement?

1. Schedule 1 - Service Specification: Detailed breakdown of services, deliverables, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed pricing structure, payment milestones, and rate cards

3. Schedule 3 - Insurance Requirements: Specific insurance types and coverage levels required

4. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Appendix B - Service Level Agreement: Performance standards, response times, and quality metrics

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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