Mutual Agreement Employment Template for Germany

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Key Requirements PROMPT example:

Mutual Agreement Employment

"I need a Mutual Agreement Employment contract under German law for a senior software developer position in Munich, starting March 1, 2025, including remote work provisions and intellectual property clauses."

Document background
The Mutual Agreement Employment contract is a fundamental document used in German employment relationships to formalize the terms and conditions of employment between an employer and employee. This agreement is particularly important in the German legal context due to strict documentation requirements under the Nachweisgesetz (Documentation Act) and other employment legislation. It should be used at the commencement of any new employment relationship or when significantly modifying existing employment terms. The document includes mandatory provisions required by German law while allowing for customization of specific terms by mutual agreement, provided they meet or exceed statutory minimums. Key areas covered include position details, remuneration, working hours, leave entitlements, notice periods, and data protection provisions, all aligned with German employment law requirements. The agreement serves as both a legal compliance tool and a clear reference point for the employment relationship.
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: 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 arrangements

9. Remuneration: Salary, payment schedule, and any variable compensation

10. Benefits: Statutory and additional benefits including insurance and pension arrangements

11. Vacation and Leave: Annual leave entitlement and other types of leave

12. Sick Pay: Sick leave and continued payment provisions

13. Confidentiality: Protection of company confidential information

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

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

16. Post-Employment Obligations: Return of company property and ongoing obligations

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

18. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Non-Competition: Post-contractual non-compete provisions, used for senior positions or when employee has access to sensitive information

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

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

4. Mobile Working: Rules for remote work or home office arrangements

5. Travel Requirements: Business travel expectations and compensation, if regular travel is required

6. Training Obligations: Required training and potential repayment clauses

7. Commission Structure: Detailed commission calculations for sales positions

8. Stock Options: Employee participation in company stock programs

9. Additional Activities: Rules regarding secondary employment or freelance work

10. Relocation Terms: Relocation assistance and requirements, if applicable

Suggested Schedules

1. Job Description: Detailed description of role, responsibilities, and reporting structure

2. Compensation Details: Breakdown of salary components and bonus structures

3. Company Policies: Reference to or inclusion of relevant company policies

4. Benefits Summary: Detailed description of all benefits and eligibility conditions

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

6. Company Car Policy: Rules and regulations for company car usage if applicable

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

8. Bonus Scheme Rules: Detailed bonus calculation and payment rules if applicable

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

Professional Services

Healthcare

Retail

Education

Construction

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Media and Entertainment

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Energy

Automotive

Pharmaceuticals

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Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Product Management

Quality Assurance

Administration

Business Development

Strategy

Corporate Communications

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Financial Analyst

HR Manager

Marketing Manager

Sales Representative

Account Manager

Research Scientist

Operations Manager

Administrative Assistant

Customer Service Representative

Product Manager

Business Analyst

Legal Counsel

Technical Specialist

Quality Assurance Engineer

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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