Automated Performance Evaluation System Template for Germany

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Key Requirements PROMPT example:

Automated Performance Evaluation System

"I need an Automated Performance Evaluation System agreement for a medium-sized manufacturing company in Berlin, with implementation planned for March 2025, that includes integration with our existing SAP HR system and specific provisions for shift workers."

Document background
This document is essential for organizations implementing an Automated Performance Evaluation System in Germany. It serves as a comprehensive framework ensuring compliance with German labor law, data protection regulations, and works council requirements. The agreement is particularly crucial given the strict German regulatory environment regarding employee data processing and performance monitoring. It should be used when implementing any automated system for evaluating employee performance, establishing clear guidelines for data collection, processing, and evaluation criteria while protecting employee rights. The document addresses co-determination requirements with works councils, GDPR and BDSG compliance, and includes necessary technical and organizational measures for data protection.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the employer and the system provider

2. Background: Context of the agreement and purpose of implementing the automated performance evaluation system

3. Definitions: Key terms used throughout the agreement, including technical terminology and legal concepts

4. System Description: Detailed description of the automated performance evaluation system, its components and functionality

5. Data Processing Specifications: Types of data collected, processing methods, and evaluation criteria

6. Legal Compliance: Commitments to comply with GDPR, BDSG, and other relevant German laws

7. Works Council Rights: Provisions regarding works council consultation and co-determination rights

8. Employee Rights: Rights of employees regarding their data, evaluation results, and appeal procedures

9. Security Measures: Technical and organizational measures for data protection and system security

10. Implementation Process: Steps and timeline for system implementation and employee training

11. Confidentiality: Obligations regarding confidential information and data protection

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Service Level Agreement: Detailed performance metrics for system availability and support - include when using external provider

2. Data Transfer Provisions: Rules for international data transfers - include if data processing occurs outside EU

3. Integration Requirements: Requirements for integration with existing HR systems - include if system interfaces with other platforms

4. Pilot Phase: Terms for initial trial period - include if implementing in phases

5. Custom Metrics: Department-specific evaluation criteria - include if different departments need different metrics

6. AI Governance: Specific provisions for AI-driven evaluations - include if system uses AI/ML components

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and system architecture

2. Data Processing Agreement: Mandatory GDPR-compliant data processing terms

3. Performance Metrics: Detailed description of evaluation criteria and calculation methods

4. Security Protocol: Detailed security measures and data protection protocols

5. Employee Notice: Template for informing employees about data processing

6. Works Council Agreement: Copy of works council agreement regarding system implementation

7. Training Manual: Guidelines for system usage and evaluation process

8. Appeal Procedure: Detailed process for contesting evaluation results

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Retail

Professional Services

Telecommunications

Education

Logistics

Insurance

Banking

Automotive

Relevant Teams

Human Resources

Legal

Information Technology

Compliance

Data Protection

Operations

Digital Transformation

Employee Relations

Works Council

Risk Management

Relevant Roles

Chief Human Resources Officer

HR Director

Data Protection Officer

IT Director

Compliance Manager

Legal Counsel

HR Operations Manager

Performance Management Specialist

Works Council Representative

Systems Administrator

HR Business Partner

Employee Relations Manager

Digital Transformation Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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