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Employment Contract Between Employer And Employee

Employment Contract Between Employer And Employee Template for Germany

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Key Requirements PROMPT example:

Employment Contract Between Employer And Employee

"I need an Employment Contract Between Employer And Employee for a senior software developer position in Munich, starting March 1, 2025, with remote work options three days per week and including standard non-compete and intellectual property clauses."

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Document background
The Employment Contract Between Employer And Employee is a fundamental document required for all employment relationships in Germany. It serves as the primary agreement governing the working relationship and must comply with various German labor laws, including the Civil Code (BGB), Working Hours Act, and Federal Leave Act. This document is essential when hiring new employees or formalizing existing employment relationships in Germany, providing written documentation of all mandatory employment terms as required by the Documentation Act (Nachweisgesetz). It includes crucial information about the position, compensation, working hours, leave entitlements, and other terms and conditions, while ensuring protection of both employer and employee rights under German law.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

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 primary responsibilities

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

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: Base salary, payment schedule, and any guaranteed bonuses

10. Leave Entitlement: Annual leave, public holidays, and other time off provisions

11. Sick Pay: Sick leave and continued payment of wages during illness

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

13. Confidentiality: Protection of company confidential information

14. Data Protection: Handling of personal data in compliance with GDPR

15. Governing Law: Specification of German law as governing law

16. Signatures: Execution section for both parties

Optional Sections

1. Variable Compensation: Details of bonus schemes, commissions, or profit-sharing - include for sales roles or management positions

2. Company Car: Terms of company car provision - include if offering vehicle benefits

3. Non-Competition: Post-employment competition restrictions - typically for senior roles or specialized positions

4. Intellectual Property: IP rights assignment - important for creative or technical roles

5. Remote Work: Terms for working from home or remote locations - include if offering flexible working arrangements

6. Training Obligations: Required training and potential repayment provisions - include for positions with significant training investment

7. International Travel: Terms for business travel abroad - include for roles requiring international travel

8. Stock Options: Employee share schemes or option plans - include for senior positions or startups

9. Secondary Employment: Rules regarding additional employment - include for part-time positions or consulting roles

10. Collective Agreements: Reference to applicable collective agreements - include if workplace is covered by such agreements

Suggested Schedules

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

2. Compensation Structure: Breakdown of salary components and benefits

3. Company Policies: Reference to key workplace policies and procedures

4. Benefit Plans: Details of insurance, pension, and other benefit schemes

5. Data Privacy Notice: Detailed information about personal data processing

6. IT Usage Policy: Rules for use of company IT systems and equipment

7. Travel Policy: Guidelines for business travel and expense reimbursement

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

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Parties and Definitions
Appointment and Duties
Term and Probation
Working Hours and Location
Remuneration
Benefits
Leave and Holidays
Sickness and Absence
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Notice and Termination
Garden Leave
Return of Property
Health and Safety
Disciplinary Procedures
Grievance Procedures
Collective Agreements
Works Council
Company Policies
Travel Requirements
Training and Development
Performance Review
Secondary Employment
Severability
Amendments
Governing Law
Entire Agreement
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Non-Profit

Agriculture

Automotive

Pharmaceutical

Logistics

Consumer Goods

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Product Development

Quality Assurance

Business Development

Administration

Procurement

Public Relations

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Software Engineer

Sales Representative

Administrative Assistant

Human Resources Manager

Financial Analyst

Marketing Specialist

Project Manager

Operations Manager

Research Scientist

Customer Service Representative

Product Manager

Business Development Manager

Legal Counsel

Account Manager

Technical Support Specialist

Data Analyst

Quality Assurance Engineer

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Sections 611-630 specifically deal with employment contracts and basic rights and obligations of employers and employees
Kündigungsschutzgesetz (KSchG) - Protection Against Unfair Dismissal Act: Regulates termination of employment relationships and protection against unfair dismissal for businesses with more than 10 employees
Arbeitszeitgesetz (ArbZG) - Working Hours Act: Governs maximum working hours, rest periods, and break requirements
Bundesurlaubsgesetz (BUrlG) - Federal Leave Act: Regulates minimum paid vacation entitlements and related provisions
Mindestlohngesetz (MiLoG) - Minimum Wage Act: Sets the national minimum wage requirements and related obligations
Nachweisgesetz (NachwG) - Documentation Act: Requires employers to provide written documentation of key employment terms
Arbeitsschutzgesetz (ArbSchG) - Occupational Safety and Health Act: Establishes basic obligations for workplace safety and health protection
Allgemeines Gleichbehandlungsgesetz (AGG) - General Equal Treatment Act: Prohibits discrimination in employment and sets requirements for equal treatment
Entgeltfortzahlungsgesetz (EntgFG) - Continued Remuneration Act: Regulates continued payment of wages during illness and public holidays
Datenschutz-Grundverordnung (DSGVO) - General Data Protection Regulation: Governs the processing of personal data and privacy requirements in employment relationships
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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