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Key Employee Agreement

Key Employee Agreement Template for Germany

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Key Requirements PROMPT example:

Key Employee Agreement

"I need a Key Employee Agreement under German law for our new Chief Technology Officer in Berlin, who will start on March 1, 2025, with special focus on IP rights and including stock option provisions as we're a fast-growing tech startup."

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Document background
The Key Employee Agreement serves as a crucial legal document for establishing employment relationships with senior or strategically important employees in Germany. This agreement is typically used when hiring or promoting employees to positions that involve significant responsibility, access to confidential information, or strategic decision-making authority. The document must comply with German employment law requirements, including the German Civil Code (BGB), Federal Data Protection Act (BDSG), and other relevant legislation. It includes comprehensive provisions covering employment terms, compensation, benefits, confidentiality, intellectual property rights, and termination conditions. The agreement is particularly important for protecting company interests while ensuring compliance with Germany's employee-protective legal framework, especially regarding notice periods, non-compete provisions, and data protection requirements.
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 purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Detailed description of the employee's role, responsibilities, and reporting structure

5. Term and Commencement: Start date and duration of employment (whether fixed-term or indefinite)

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

7. Working Hours and Place of Work: Regular working hours, flexibility requirements, and primary work location

8. Remuneration: Base salary, payment intervals, and any guaranteed bonuses

9. Benefits: Standard benefits package including insurance, pension contributions, and other perks

10. Vacation and Holiday Entitlement: Annual leave allowance and public holiday provisions

11. Sick Leave and Continued Payment: Sick leave entitlements and salary continuation during illness

12. Confidentiality: Protection of company confidential information and trade secrets

13. Intellectual Property Rights: Assignment of IP rights created during employment

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

15. Notice Period and Termination: Notice requirements and grounds for termination

16. Garden Leave: Company's right to place employee on garden leave during notice period

17. Return of Company Property: Obligation to return company assets upon termination

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

Optional Sections

1. Non-Compete Obligations: Post-contractual non-compete provisions with mandatory compensation (only for senior employees where necessary and reasonable)

2. Variable Compensation: Details of bonus schemes, commission structures, or other variable pay elements (for sales or performance-based roles)

3. Stock Options/Equity: Participation in company stock option or equity programs (for senior executives or in startups)

4. International Travel: Terms for international travel and overseas assignments (for roles requiring significant travel)

5. Company Car: Provision of company car or car allowance (for eligible positions)

6. Additional Board Positions: Terms for holding additional corporate offices or board positions (for senior executives)

7. Training Obligations: Mandatory training requirements and potential repayment clauses (for specialized roles)

8. Inventions: Detailed provisions regarding employee inventions according to German Employee Inventions Act (for technical or R&D roles)

9. External Activities: Regulations regarding side activities and outside business interests (for full-time employees)

Suggested Schedules

1. Job Description: Detailed outline of responsibilities, objectives, and performance expectations

2. Compensation Structure: Detailed breakdown of salary components and benefits

3. Bonus Scheme Rules: Specific rules and calculations for variable compensation elements

4. Company Policies: Reference to or inclusion of key company policies

5. Code of Conduct: Company's code of conduct and ethical guidelines

6. Data Privacy Notice: Detailed information about personal data processing in accordance with GDPR

7. Non-Compete Agreement: Detailed terms of post-contractual non-compete obligations and compensation

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
Duration of Employment
Position and Duties
Remuneration
Bonus and Variable Compensation
Benefits
Working Hours
Place of Work
Probationary Period
Vacation and Leave
Sick Leave
Notice Period
Termination
Garden Leave
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Return of Property
Inventions Assignment
Code of Conduct
Compliance
Integration Clause
Amendment
Severability
Governing Law
Jurisdiction
Works Council Rights
External Activities
Company Policies
Travel Requirements
Performance Review
Training
Representation and Warranties
Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Pharmaceuticals

Automotive

Telecommunications

Energy

Retail

Software

Consulting

Industrial

Media and Entertainment

Real Estate

Logistics

Biotechnology

Relevant Teams

Human Resources

Legal

Executive Leadership

Finance

Information Technology

Research and Development

Sales

Operations

Product Development

Engineering

Marketing

Strategy

Business Development

Corporate Development

Customer Success

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Senior Vice President

Director of Operations

Head of Department

Senior Manager

Principal Engineer

Lead Developer

Senior Scientist

Head of Sales

Regional Director

Key Account Manager

Research Director

Department Head

Principal Consultant

Technical Lead

Senior Architect

Division Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Sections 611-630 govern basic employment relationship terms, including contract formation, remuneration, and general obligations between employer and employee
Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz - KSchG): Regulates termination conditions and protection against unfair dismissal for employees in companies with more than 10 employees
Working Hours Act (Arbeitszeitgesetz - ArbZG): Regulates maximum working hours, rest periods, and break requirements
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): Governs the handling of employee personal data and must be considered alongside the EU GDPR
Trade Secrets Act (Geschäftsgeheimnisgesetz - GeschGehG): Regulates the protection of company trade secrets and confidential information
German Commercial Code (Handelsgesetzbuch - HGB): Sections 74-75f govern post-contractual non-compete agreements and their compensation requirements
Minimum Wage Act (Mindestlohngesetz - MiLoG): Sets the mandatory minimum wage requirements that must be observed in employment contracts
Works Constitution Act (Betriebsverfassungsgesetz - BetrVG): Relevant for companies with works councils, as certain employment terms may require works council approval
General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG): Ensures non-discrimination in employment relationships and must be considered in contract terms
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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