Remote Employment Agreement Template for Germany

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Key Requirements PROMPT example:

Remote Employment Agreement

"I need a Remote Employment Agreement under German law for a senior software developer who will be working fully remotely from Munich, starting March 1, 2025, with specific provisions for data protection and regular travel to our Berlin office once per month."

Document background
The Remote Employment Agreement is designed for companies operating in Germany who wish to formalize remote working arrangements with their employees. This document has become increasingly important following the global shift toward remote work and subsequent German legislative developments addressing flexible working arrangements. It incorporates essential provisions required under German employment law, including specific considerations for workplace safety, working time regulations, and data protection. The agreement is particularly relevant for organizations implementing permanent or hybrid remote work policies, ensuring compliance with German labor standards while providing flexibility in work arrangements. It addresses crucial aspects such as equipment provision, cost reimbursement, working hours, availability requirements, and data security measures, making it suitable for both German companies and international organizations with employees based in Germany.
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 remote working arrangement

3. Definitions: Key terms used throughout the agreement including 'Remote Work', 'Workplace', 'Working Hours', etc.

4. Position and Duties: Job title, role description, reporting structure, and main responsibilities

5. Term and Probationary Period: Start date, contract duration (fixed-term/permanent), and probationary period details

6. Remote Work Arrangement: Primary work location, flexibility provisions, and attendance requirements for office visits

7. Working Hours and Availability: Regular working hours, core hours, break times, and availability requirements in accordance with German law

8. Compensation and Benefits: Salary, bonuses, benefits, and any remote work-related allowances

9. Equipment and Workspace: Provision of equipment, technical requirements, and workspace standards

10. Data Protection and Security: Obligations regarding data protection, confidentiality, and security measures for remote work

11. Health and Safety: Workplace safety requirements, risk assessments, and employer's obligations

12. Expenses and Reimbursement: Policy on work-related expenses and reimbursement procedures

13. Performance Management: Performance evaluation process, objectives setting, and monitoring

14. Termination: Notice periods, termination procedures, and return of company property

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

Optional Sections

1. International Travel: Include when employee may work from multiple countries or travel frequently

2. Training and Development: Include when specific training programs or development paths are part of the role

3. Intellectual Property: Include for roles involving creative work or development of intellectual property

4. Non-Competition: Include for senior roles or when dealing with sensitive business information

5. Flexible Hours Arrangement: Include when offering flexible working hours beyond standard arrangements

6. Home Office Setup Support: Include when providing additional support for home office establishment

7. Team Collaboration: Include when specific collaboration tools or protocols need to be defined

8. Emergency Response: Include when specific procedures for emergency situations need to be outlined

Suggested Schedules

1. Schedule 1 - Equipment List: Detailed list of company-provided equipment and technical specifications

2. Schedule 2 - Workspace Requirements: Specific requirements for home office setup and ergonomic standards

3. Schedule 3 - Data Protection Protocol: Detailed procedures for handling sensitive data and security measures

4. Schedule 4 - Expense Policy: Detailed policy on reimbursable expenses and claim procedures

5. Schedule 5 - Working Time Record Template: Template for recording working hours as required by German law

6. Schedule 6 - Health and Safety Checklist: Checklist for ensuring compliance with workplace safety requirements

7. Appendix A - Company Policies: Relevant company policies applying to remote workers

8. Appendix B - Emergency Contacts: List of relevant contact persons for various situations

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
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Media and Entertainment

Education

Healthcare

E-commerce

Consulting

Software Development

Marketing and Advertising

Research and Development

Insurance

Telecommunications

Publishing

Digital Services

Relevant Teams

Human Resources

Legal

Information Technology

Finance

Marketing

Operations

Research and Development

Customer Support

Sales

Product Development

Quality Assurance

Administration

Data Analytics

Design

Content Creation

Relevant Roles

Software Developer

Project Manager

Business Analyst

Digital Marketing Manager

Content Writer

Financial Analyst

HR Specialist

Customer Support Representative

Data Scientist

Research Analyst

Graphic Designer

Product Manager

Sales Representative

IT Consultant

Account Manager

Technical Writer

UX Designer

Quality Assurance Engineer

Administrative Assistant

Operations Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Sections 611-630 govern employment contracts and basic employment relationships, including contract formation, termination, and general rights and obligations
Workplace Safety Act (Arbeitsstättenverordnung - ArbStättV): Regulates workplace requirements including home office setups, ensuring proper equipment and ergonomic standards for remote work
Working Hours Act (Arbeitszeitgesetz - ArbZG): Governs maximum working hours, rest periods, and break requirements which must be observed even in remote work settings
General Data Protection Regulation (GDPR) and Federal Data Protection Act (BDSG): Regulates handling of employee personal data and requirements for secure data processing in remote work environments
Works Constitution Act (Betriebsverfassungsgesetz - BetrVG): Covers employee representation rights and work council involvement in remote work arrangements
Act on Occupational Safety and Health (Arbeitsschutzgesetz - ArbSchG): Defines employer obligations regarding health and safety measures, including risk assessments for remote workplaces
Social Security Code (Sozialgesetzbuch - SGB): Regulates social insurance obligations and benefits, including specific provisions for remote workers
Mobile Work Act (Mobile-Arbeit-Gesetz): Provides framework for mobile and remote work arrangements, including right to request remote work and employer's obligations
Income Tax Act (Einkommensteuergesetz - EStG): Governs taxation aspects of remote work, including home office deductions and related tax implications
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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