Contract for services/notice of employment
table of content
Contracts for services (also employment contracts) between an employer and an employee need not, in principle, follow a particular form. They can be concluded in writing, orally or "implicitly" (provision of services).
Notice of employment
The employer must hand over a written record of the essential rights and obligations from the employment contract, a notice of employment, to the employee immediately after the commencement of the employment relationship, if
- the contract for services was not concluded in writing or
- the written contract for services does not contain all the following information.
The notice of employment provides documentary evidence. However, the conclusion of a written contract for services instead of a notice of employment is advisable as this has a greater evidentiary weight.
A notice of employment is not required if the employment relationship lasts for no more than one month.
A notice of employment must include the following points:
- Name and address of the employer
- Name and address of the employee
- Start of the employment relationship
- For fixed-term employment relationships, the end of the employment relationship
- Duration of the notice period, termination date
- Usual place of employment and, if necessary, reference to alternating places of employment
- Any classification in a general scheme
- Intended use
- Starting salary:
- basic wage
- Other remuneration components (e.g. special payments)
- Payment date of the remuneration
- Amount of annual leave
- Agreed usual daily and weekly working time
- Reference to any applicable collective agreement or employer/works council agreement and note on the room in the company in which these are available for inspection
- Name and address of the company provident fund and the employee’s construction worker, holiday and severance pay fund
If the employee is posted abroad for longer than one month, the notice of employment must contain the following additional information:
- Expected duration of the international activities
- Currency, if the remuneration is not paid in euros
- Any conditions for the return to Austria
- Any additional remuneration for the international activities
Certain clauses in the contract for services (such as the provision of a bond as security in case of any compensation claims against the employee, transfer of future employee inventions) must be documented in writing.
Contracts for services with apprentices must always be concluded in writing. The conclusion of an apprenticeship contract with a minor also requires the consent of the apprentice’s legal representative.
Undertakings that employ staff.
The notice of employment must be handed over immediately after the commencement of the employment relationship.
Costs and fees
Written contracts for services and notices of employment are free of charge.
- section 6 article 3 Angestelltengesetz (AngG)
- section 2 Arbeitsvertragsrechts-Anpassungsgesetz (AVRAG)
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Responsible for the content: Federal Ministry of Labour and Economy