Employee Assignment Agreement Template for Germany

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Key Requirements PROMPT example:

Employee Assignment Agreement

"I need an Employee Assignment Agreement under German law for a senior software engineer being assigned from our Munich office to our Berlin startup subsidiary for a 12-month period starting March 1, 2025, with specific provisions for maintaining tech industry-standard benefits and intellectual property protection."

Document background
The Employee Assignment Agreement is essential when companies in Germany need to temporarily assign employees to different entities while maintaining the original employment relationship. This document is commonly used in corporate restructuring, project-based assignments, or knowledge transfer situations, ensuring compliance with German employment law requirements. The agreement carefully balances the interests of all parties while addressing crucial aspects such as working conditions, compensation, benefits, and reporting structures. It must comply with various German regulations, including the German Civil Code (BGB), Employee Assignment Act (AÜG), and relevant social security legislation. The document is particularly important in protecting employee rights while providing clarity on responsibilities between the home and host employers during the assignment period.
Suggested Sections

1. Parties: Identification of the Home Employer, Host Employer, and Employee

2. Background: Context of the assignment and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Term of Assignment: Duration of the assignment, including start and end dates, and any extension provisions

5. Position and Duties: Description of the role, responsibilities, and reporting relationships during the assignment

6. Place of Work: Location(s) where the employee will perform their duties

7. Working Hours: Specified working hours, breaks, and overtime arrangements in compliance with German law

8. Compensation and Benefits: Salary, benefits, allowances, and method of payment

9. Continued Employment: Confirmation that the employment relationship with the Home Employer continues

10. Social Security and Insurance: Details of social security coverage and insurance arrangements

11. Leave Entitlements: Holiday, sick leave, and other leave entitlements

12. Expenses: Policy on business expenses and reimbursement

13. Data Protection: GDPR compliance and data handling between Home and Host employers

14. Confidentiality: Obligations regarding confidential information of both employers

15. Intellectual Property: Ownership of work product and innovations during the assignment

16. Return to Home Employer: Conditions and process for returning to the home employer

17. Termination: Circumstances and process for early termination of the assignment

18. Governing Law: Confirmation of German law as governing law and jurisdiction

19. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

Optional Sections

1. International Travel: Include when assignment involves regular travel between countries

2. Tax Equalization: Include when employer provides tax equalization benefits

3. Housing Allowance: Include when accommodation is provided or subsidized

4. Education Assistance: Include when support for employee's children's education is provided

5. Relocation Support: Include when relocation assistance is offered

6. Language Training: Include when language courses are provided

7. Partner Support: Include when assistance for employee's partner/spouse is offered

8. Performance Management: Include when specific performance evaluation arrangements are needed between Home and Host employer

9. Compliance with Host Policies: Include when specific host company policies need to be referenced

10. Emergency Procedures: Include for assignments in challenging locations or with specific safety concerns

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of role and responsibilities

2. Schedule 2 - Compensation Details: Breakdown of salary, allowances, and benefits

3. Schedule 3 - Working Hours and Leave: Specific working patterns and leave entitlements

4. Schedule 4 - Expense Policy: Detailed policy on expense claims and reimbursement

5. Schedule 5 - Home Employer Policies: Key policies that continue to apply during assignment

6. Schedule 6 - Host Employer Policies: Key policies of the host employer that will apply

7. Appendix A - Contact Information: Key contact persons at both Home and Host employer

8. Appendix B - Required Notifications: List of required notifications to authorities or works councils

9. Appendix C - Assignment Timeline: Key dates and milestones for the assignment

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

Manufacturing

Technology

Financial Services

Professional Services

Healthcare

Automotive

Chemical Industry

Telecommunications

Energy

Retail

Logistics

Pharmaceuticals

Construction

Consulting

Research and Development

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Project Management Office

Research and Development

Information Technology

Business Development

Risk Management

Corporate Affairs

Employee Relations

Compensation and Benefits

Global Mobility

Talent Management

Relevant Roles

HR Director

Legal Counsel

HR Manager

Compliance Officer

Project Manager

Department Head

Senior Engineer

Technical Specialist

Financial Controller

Operations Manager

Research Scientist

IT Specialist

Business Development Manager

Management Consultant

Product Manager

Senior Analyst

Technical Lead

Department Director

Regional Manager

Subject Matter Expert

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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