Pre Employment Agreement Template for Germany

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Key Requirements PROMPT example:

Pre Employment Agreement

"I need a Pre Employment Agreement for a senior software developer position in our Berlin office, with specific focus on IP protection and including provisions for remote work during the pre-employment period while the candidate completes security clearance."

Document background
The Pre-Employment Agreement is utilized in situations where there needs to be a formal arrangement between a prospective employer and candidate before the actual employment contract is signed. This document is particularly relevant under German jurisdiction where strict employment laws govern pre-contractual relationships. It is commonly used when candidates need to complete specific requirements (such as obtaining qualifications, relocating, or completing background checks) before employment can commence. The agreement provides legal certainty by clearly defining obligations, timelines, and conditions while ensuring compliance with German labor law, data protection regulations, and anti-discrimination provisions. It serves as a crucial bridge between the initial job offer and the formal employment contract, protecting both parties' interests during this interim period.
Suggested Sections

1. Parties: Identification of the prospective employer and candidate, including full legal names and addresses

2. Background: Context of the potential employment relationship, including the position being considered and general intention of the parties

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Pre-Employment Period', and other relevant definitions

4. Pre-Employment Period: Duration of the pre-employment period and conditions for its extension or termination

5. Conditional Nature of Employment: Clear statement that this is not an employment contract and conditions that must be met before employment begins

6. Candidate's Obligations: Specific requirements during the pre-employment period, such as obtaining qualifications or documentation

7. Company's Obligations: Company's commitments during the pre-employment period, including any training or support to be provided

8. Confidentiality: Obligations regarding confidential information accessed during the pre-employment period

9. Data Protection: GDPR-compliant provisions regarding the handling of personal data

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Pre-Employment Compensation: Used when the company will provide compensation during the pre-employment period

2. Training Requirements: Include when specific training must be completed before employment begins

3. Medical Examination: Required for positions where medical fitness is essential

4. Background Checks: Include when security clearances or background checks are required

5. Intellectual Property: Used when the candidate may create IP during the pre-employment period

6. Non-Competition: Include when candidate must cease competing activities before employment

7. Relocation Provisions: Used when the position requires relocation

8. Work Permits: Include for non-EU candidates requiring work authorization

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of the proposed role and responsibilities

2. Schedule 2 - Required Qualifications: List of qualifications, certifications, or documents that must be obtained

3. Schedule 3 - Pre-Employment Timeline: Detailed timeline of activities and milestones during the pre-employment period

4. Schedule 4 - Data Protection Notice: Detailed GDPR-compliant privacy notice

5. Appendix A - Required Documentation: List of documents the candidate must provide before employment begins

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
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Industries
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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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