Contract Of Employment And Contract For Employment Template for Germany

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Key Requirements PROMPT example:

Contract Of Employment And Contract For Employment

"I need a Contract of Employment and Contract for Employment under German law for a senior software developer position in our Munich office, starting March 1, 2025, including remote work provisions and stock option clauses."

Document background
The Contract of Employment and Contract for Employment serves as the foundational document establishing the employment relationship under German law. It is essential for any formal employment arrangement in Germany, whether for permanent or fixed-term positions. This document is required by German legislation, particularly the Nachweisgesetz (Evidence Act), which mandates written documentation of essential employment terms. The contract incorporates mandatory provisions required by German labor law while allowing flexibility for specific role requirements and company policies. It is designed to protect both employer and employee interests, ensuring compliance with German workplace regulations, social security requirements, and data protection laws. The document should be used at the commencement of any new employment relationship or when significantly modifying existing employment terms.
Suggested Sections

1. Parties: Identification and details of the employer and employee

2. Background: Brief context of the employment relationship and agreement purpose

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and main responsibilities

5. Commencement and Duration: Start date and type of contract (permanent/fixed-term)

6. Probationary Period: Length and terms of the initial probationary period

7. Place of Work: Primary workplace location and any mobility requirements

8. Working Hours: Regular working hours, break times, and overtime provisions

9. Remuneration: Salary, payment schedule, and any additional benefits

10. Annual Leave: Vacation entitlement and holiday regulations

11. Sick Leave and Continued Payment: Provisions for illness and sick pay

12. Notice Periods: Notice requirements for termination by either party

13. Confidentiality: Protection of company secrets and confidential information

14. Data Protection: GDPR compliance and handling of personal data

15. Governing Law: Confirmation of German law application

16. Signatures: Execution section for both parties

Optional Sections

1. Non-Competition: Post-employment competition restrictions, used for senior positions or when handling sensitive information

2. Intellectual Property: IP rights assignment, needed for creative or technical roles

3. Company Car: Terms for provision and use of a company vehicle, when applicable

4. Mobile Work/Home Office: Rules for remote working arrangements, if permitted

5. Commission Structure: Details of sales or performance-based compensation, for sales roles

6. Training Obligations: Specific training requirements and potential repayment clauses

7. Stock Options/Share Schemes: Terms of equity participation, for companies offering such benefits

8. International Travel: Terms for business travel and international assignments

9. Additional Benefits: Company-specific benefits like pension schemes or health insurance

10. Works Council Reference: Reference to works agreements where a works council exists

Suggested Schedules

1. Job Description: Detailed description of role responsibilities and requirements

2. Bonus Scheme: Detailed terms of any performance-related bonus arrangements

3. Company Policies: Reference to key company policies that form part of the employment terms

4. Benefits Summary: Detailed description of all benefits and their terms

5. IT and Communication Systems Policy: Rules for use of company IT systems and equipment

6. Code of Conduct: Company's ethical guidelines and expected behavior

7. Working Time Recording: Procedures for recording working hours and overtime

8. Travel Policy: Rules and procedures for business travel and expenses

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

Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Automotive

Energy

Telecommunications

Media and Entertainment

Logistics and Transportation

Pharmaceuticals

Consumer Goods

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Production

Quality Assurance

Procurement

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Sales Representative

Marketing Specialist

Human Resources Manager

Financial Analyst

Administrative Assistant

Operations Manager

Research Scientist

Product Manager

Customer Service Representative

Technical Support Specialist

Business Analyst

Legal Counsel

Account Manager

Production Supervisor

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code, particularly sections 611-630, which provide the basic framework for employment contracts and employment relationships
Nachweisgesetz (NachwG): Evidence Act - Requires employers to provide written documentation of essential employment terms and conditions
Arbeitszeitgesetz (ArbZG): Working Hours Act - Regulates maximum working hours, rest periods, and break requirements
Bundesurlaubsgesetz (BUrlG): Federal Leave Act - Governs minimum vacation entitlements and holiday regulations
Entgeltfortzahlungsgesetz (EntgFG): Continued Remuneration Act - Covers sick pay and holiday pay regulations
Kündigungsschutzgesetz (KSchG): Protection Against Dismissal Act - Provides rules for termination of employment contracts
Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act - Anti-discrimination legislation affecting employment relationships
Mindestlohngesetz (MiLoG): Minimum Wage Act - Establishes minimum wage requirements and related obligations
Betriebsverfassungsgesetz (BetrVG): Works Constitution Act - Regulates employee representation and works councils
Datenschutz-Grundverordnung (DSGVO): General Data Protection Regulation (GDPR) - Regulates the handling of employee personal data
Arbeitssicherheitsgesetz (ASiG): Occupational Safety Act - Covers workplace safety and health protection requirements
Teilzeit- und Befristungsgesetz (TzBfG): Part-Time and Fixed-Term Employment Act - Regulates part-time work and fixed-term employment contracts
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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