Offer Of Employment Contract Template for Germany

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Key Requirements PROMPT example:

Offer Of Employment Contract

"I need an Offer Of Employment Contract under German law for a permanent Software Developer position starting March 1, 2025, with a 6-month probation period, including standard confidentiality provisions and the option for 2 days per week remote work."

Document background
The Offer Of Employment Contract is a fundamental document used when establishing a new employment relationship under German law. It serves as both a formal offer of employment and, once accepted, the binding employment contract. This document must comply with various German employment laws, including the Nachweisgesetz (Evidence Act), which requires written documentation of essential employment terms. It should be prepared before the employee's start date and includes mandatory provisions such as working hours, remuneration, leave entitlements, and notice periods. The contract forms the legal basis for the employment relationship and should be customized to reflect specific role requirements while maintaining compliance with German labor regulations. It's typically used for both fixed-term and permanent employment relationships and can be adapted for various seniority levels and industry sectors.
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 reference to any prior discussions or agreements

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 of probationary period and applicable notice periods during this time

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

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

9. Remuneration: Base salary, payment frequency, and method of payment

10. Annual Leave: Holiday entitlement and rules for requesting/taking leave

11. Sick Pay: Sick leave entitlement and notification requirements

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

13. Confidentiality: Obligations regarding company confidential information

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

15. Governing Law: Confirmation that German law governs the contract

Optional Sections

1. Bonus Arrangements: Details of any performance-related bonuses or commission schemes

2. Company Car: Terms of company car provision and usage

3. Remote Work: Provisions for working from home or other locations

4. Non-Competition: Post-employment competition restrictions (subject to strict German law requirements)

5. Intellectual Property: Rights and obligations regarding work-created IP

6. Training Requirements: Mandatory training and professional development expectations

7. Additional Benefits: Details of pension, health insurance, or other benefits

8. Travel Requirements: Business travel expectations and compensation

9. Stock Options: Terms of any employee stock option programs

10. Language Requirements: Required language skills and any language allowances

Suggested Schedules

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

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

3. Schedule 3 - Company Policies: Reference to applicable company policies and procedures

4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing

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

6. Appendix A - Benefits Summary: Overview of all employee benefits and eligibility conditions

7. Appendix B - IT Usage Policy: Rules and guidelines for using company IT systems

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

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Relevant Teams

Human Resources

Legal

People Operations

Talent Acquisition

Recruitment

Employee Relations

Compensation and Benefits

HR Operations

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Hiring Manager

Recruitment Manager

HR Business Partner

People Operations Manager

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HR Administrator

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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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