The Staffing Agreement Contract is essential for organizations in Austria seeking to engage temporary workers through professional staffing agencies. This document is designed to comply with Austrian employment law, particularly the Temporary Agency Work Act (AÜG), and establishes the legal framework for temporary staffing arrangements. It's typically used when companies need flexible workforce solutions, require specialized talent on a temporary basis, or want to outsource their temporary staffing management. The agreement covers crucial elements including worker rights, social security compliance, workplace safety, fee structures, and operational procedures, while ensuring adherence to Austrian labor regulations and GDPR requirements. It's particularly important in industries with fluctuating workforce needs or specialized skill requirements.
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1. Parties: Identification of the staffing 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 relationship and intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Services', etc.
4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, placement, and management of temporary workers
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Obligations of the Staffing Agency: Responsibilities including worker screening, qualification verification, and compliance with employment laws
7. Client Obligations: Client's responsibilities regarding temporary workers, workplace safety, and cooperation with the agency
8. Temporary Worker Management: Processes for worker assignment, supervision, replacement, and performance management
9. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any additional charges
10. Compliance and Regulations: Compliance with Austrian labor laws, social security requirements, and industry regulations
11. Insurance and Liability: Insurance requirements, allocation of risks, and limitation of liability provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: GDPR compliance and handling of personal data
14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Non-Solicitation: Restrictions on hiring temporary workers directly, used when the agency wants to protect its workforce
2. Intellectual Property Rights: IP ownership and protection provisions, included when temporary workers may create IP during assignments
3. Service Level Agreement: Specific performance metrics and standards, used for larger-scale staffing arrangements
4. International Assignments: Additional provisions for cross-border placements, included when international staffing is contemplated
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
6. Works Council Provisions: Specific provisions related to works council involvement, required when client has an active works council
7. Training and Development: Provisions regarding worker training responsibilities, included for specialized skill requirements
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of staffing services, including specific job categories and skill requirements
3. Schedule 3 - Compliance Checklist: List of required compliance documents and certifications for temporary workers
4. Schedule 4 - Operating Procedures: Detailed procedures for worker requisition, onboarding, and management
5. Schedule 5 - Insurance Requirements: Specific insurance coverage requirements and minimum limits
6. Appendix A - Standard Terms and Conditions: General terms and conditions applicable to all assignments
7. Appendix B - Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Appendix C - Template Assignment Documentation: Standard forms for worker assignments and evaluations
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Information Technology
Healthcare
Construction
Financial Services
Retail
Logistics
Professional Services
Hospitality
Engineering
Education
Administrative Services
Relevant Teams
Human Resources
Legal
Procurement
Operations
Compliance
Risk Management
Finance
Administration
Project Management
Business Development
Relevant Roles
HR Manager
Legal Counsel
Procurement Manager
Operations Director
Recruitment Specialist
Compliance Officer
Project Manager
Department Head
Managing Director
Staffing Coordinator
Contract Administrator
Risk Manager
Business Unit Manager
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