Contract: templates and forms

The contract for a private sale of a used car in Austria: the vehicle with its chassis number, Typenschein or data extract and next roadworthiness test under § 57a KFG (the Pickerl), price and payment, the seller's statements on mileage, accidents and known defects, the exclusion of warranty with its limits under Austria's Civil Code (ABGB), and an express choice on roadworthiness. With the date and hour of handover, deregistration under the Austrian Motor Vehicles Act (§ 43 Abs 4 KFG) and who answers a driver enquiry until then. Not for a dealer sale. In German, ready to print twice and sign.

A mutual NDA under German law for two businesses or freelancers who exchange confidential information before working together: the purpose, what is and is not confidential, sharing only with staff and advisers, an express ban on reverse engineering the samples and prototypes handed over (§ 3(1) no. 2 of the German Trade Secrets Act, GeschGehG), return and deletion, duration, and a contractual penalty of your choice — set at the injured party's reasonable discretion subject to the court, a fixed sum, or none. Signing it also counts as a reasonable secrecy measure under the Act. In German.

A mutual non-disclosure agreement (NDA) for talks between businesses in Austria about a cooperation, a project, a licence or an acquisition. It rests on the protection of trade secrets in §§ 26a ff. of the Austrian Unfair Competition Act (UWG): the purpose, what counts as confidential, disclosure only to those who need it, an express ban on reverse engineering samples and prototypes, return and deletion, the term after the talks end and an optional contractual penalty. Both parties are named with their company register number. In German, ready to print and sign.

The data processing agreement (Auftragsverarbeitungsvertrag, AVV) every business in Germany needs when a service provider processes personal data for it — hosting, cloud software, payroll, newsletters, IT support. It contains everything Art. 28(3) GDPR requires: subject-matter, duration, nature and purpose, types of data and data subjects, instructions, confidentiality, security, sub-processors, assistance, deletion or return, information and audits, with annexes for the technical and organisational measures and the sub-processors. Free models from supervisory authorities and the European Commission also exist. In German.

An agreement ending a German employment relationship by mutual consent (Aufhebungsvertrag), in German: end date, pay and garden leave, severance, remaining leave, a reference with an agreed grade, employment papers and a clean-break clause. Its preamble records the reason that decides whether unemployment benefit is blocked for 12 weeks (§ 159 SGB III), and it warns of that block and of the duty to register as a job-seeker. Under § 623 of the German Civil Code (BGB) it is valid only if printed and signed by hand by both sides: the electronic form is excluded.

A contract between two businesses in Germany for a defined result — software, a website, an expert report, a concept, a repair or an installation — that the contractor answers for (a Werkvertrag under §§ 631 ff. of the German Civil Code, BGB). It includes the specification and agreed quality, a completion date, an acceptance procedure with the deadline of § 640(2) BGB, the fee falling due on acceptance, rights for defects, termination, usage rights in the work, confidentiality and a liability cap. Not for construction contracts, nor for making movable goods, which sales law governs. In German.

An agreement on repaying training costs under § 2d of the Austrian Employment Contract Law Adaptation Act (AVRAG), in German: in writing, before the training begins and with the exact amount, as the law and the courts require, for training that gives specialist skills usable with other employers too. With a bond of at most four years (eight in special cases), a monthly pro-rata reduction, the cases in which the law excludes repayment (probation, the employer's notice, justified resignation, end of a fixed term) and the rule of § 11b AVRAG that the employer pays for training the job requires.

A termination by mutual consent of an employment in Austria (einvernehmliche Auflösung), as an agreement between employer and employee: end date, final pay and garden leave, leave and pay in lieu, statutory and voluntary severance (Abfertigung), the written reference and the return of work equipment. It asks about protection under Austria's Maternity Protection Act (MSchG) and Fathers' Parental Leave Act (VKG), which requires writing (§ 10 Abs 7 MSchG), and about the works council (§ 104a ArbVG). The AMS imposes no waiting period afterwards. Not for apprenticeships. In German.

A fixed-term contract of employment (befristeter Dienstvertrag) for salaried employees or workers in Austria, in German, with every Dienstzettel item under § 2 AVRAG: the end date and the objective justification that a chain of fixed terms needs, a probation month, a choice between excluding notice during the term and allowing it, § 21 AngG and § 1158 Abs 3 ABGB for terms over five years, the suspension on pregnancy under § 10a of the Maternity Protection Act (MSchG), collective agreement, hours, pay, leave, the severance fund and the social insurer.

An agreement barring an employee in Germany from competing after the job ends, in German, under §§ 74 ff. of the German Commercial Code (HGB): the barred activities, the area, a length of at most two years and the compensation of at least half the last pay without which the ban is not binding. With the offset of other earnings, the duty to report them and the employer's waiver under § 75a HGB. Written form: print it, both sign by hand, and the employee is handed an original signed by the employer.

A permanent employment contract for full- or part-time work in Germany, in German, with every essential term the German Evidence Act (Nachweisgesetz, NachwG) requires: start, job, place of work, probation, hours and breaks, overtime, pay and when it is due, the minimum wage, leave, notice periods under § 622 of the German Civil Code (BGB), the written form of a dismissal and the deadline to sue, collective agreements, training and pension. Its time limit for claims leaves the minimum wage untouched and asks only for text form.

A contract between a business and a self-employed freelancer in Germany — in design, copywriting, programming, consulting or media, for example — granting usage rights in the work results under the German Copyright Act (UrhG). It describes genuinely independent work, without instructions on time, place and method and without integration into the client's organisation, and covers the fee, the small-business VAT rule, the artists' social levy, confidentiality and termination. It states the risk of disguised employment plainly: the facts decide, not the label (§ 7(1) SGB IV). With a choice on the status determination under § 7a SGB IV. In German.

An open-ended contract of employment (Dienstvertrag) for salaried employees or workers in Austria, in German, carrying every item the Dienstzettel must state under the Austrian Employment Contract Law Adaptation Act (§ 2 AVRAG) as amended on 28 March 2024: seat, job and a short description of the work, collective agreement and pay group, probation month, working time and overtime, pay, leave under the Leave Act (UrlG), notice periods under § 20 AngG and § 1159 ABGB, the termination procedure, the severance fund (Abfertigung neu) and the social insurer.

The service contract between a German GmbH or UG (haftungsbeschränkt) and its managing director (Geschäftsführer), separate from the appointment by shareholders' resolution. It covers duties and transactions needing the shareholders' consent, start and place of work, salary and variable pay, sick pay, holiday, a non-compete during the contract, confidentiality, termination and garden leave after removal from office. It records the director's shareholding and says when the director is insured as an employee: without shares always; a shareholder-director is self-employed only with a majority or a blocking minority over all company business. In German.

A supplement to a German employment contract on working from home and mobile work, in German: start and extent, a choice between mobile work and telework at a fixed home workstation under the German Workplaces Ordinance (ArbStättV), working time, availability and time recording, equipment and a cost allowance, data protection at home, health and safety, accident insurance, no work from abroad without a separate agreement, and ending the arrangement. German law gives no right to a home office, so it has to be agreed.