Salesperson Employment Contract Template for Germany

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Key Requirements PROMPT example:

Salesperson Employment Contract

"I need a Salesperson Employment Contract for a senior software sales representative who will be based in Munich but covering DACH region, with a 70/30 base-to-commission split and quarterly targets, starting March 1, 2025."

Document background
This Salesperson Employment Contract is essential for companies hiring sales professionals in Germany, providing a legally compliant framework under German employment law. The document should be used when engaging sales professionals in any capacity where they will be responsible for direct sales activities, customer relationship management, or business development. It incorporates mandatory provisions required by German labor law while addressing sales-specific elements such as commission structures, sales territories, and performance targets. The contract ensures compliance with the German Civil Code (BGB), Commercial Code (HGB), and other relevant employment regulations, making it suitable for both German companies and international organizations operating 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 the sales role

3. Definitions: Key terms used in the contract, including sales-specific terminology

4. Position and Duties: Detailed description of the sales role, responsibilities, and reporting structure

5. Term and Probationary Period: Duration of employment and initial probationary period details

6. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location

7. Remuneration: Base salary, commission structure, and payment terms

8. Sales Targets and Performance Metrics: Definition of sales targets, KPIs, and performance evaluation criteria

9. Benefits and Expenses: Additional benefits, expense policies, and reimbursement procedures

10. Leave Entitlement: Vacation days, public holidays, and other leave provisions

11. Confidentiality: Protection of company secrets and confidential information

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

13. Non-Competition: Post-employment competition restrictions as per HGB requirements

14. Termination: Notice periods and termination procedures

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

Optional Sections

1. Company Car: Terms for provision and use of a company car, if applicable

2. International Travel: Include if role requires regular international travel

3. Home Office Arrangements: Remote working provisions if hybrid or remote work is permitted

4. Team Leadership: Include if the role involves managing other sales staff

5. Stock Options/Equity: Include if company offers equity compensation

6. Special Bonus Schemes: Additional bonus programs beyond standard commission

7. Training Requirements: Specific training obligations and certifications if required

8. Customer Handover: Procedures for customer transition upon employment termination

Suggested Schedules

1. Schedule 1: Commission Structure: Detailed breakdown of commission calculations and payment terms

2. Schedule 2: Sales Territory: Definition of assigned sales territory or customer segments

3. Schedule 3: Benefits Package: Detailed description of all benefits and eligibility conditions

4. Schedule 4: Expense Policy: Comprehensive expense guidelines and reimbursement procedures

5. Schedule 5: Company Policies: Reference to relevant company policies and procedures

6. Appendix A: Data Protection Notice: Detailed GDPR-compliant data protection information

7. Appendix B: Company Car Policy: Detailed rules for company car usage if applicable

8. Appendix C: Sales Targets: Specific sales targets and calculation methodologies

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

Manufacturing

Retail

Pharmaceutical

Financial Services

Professional Services

Industrial Equipment

Consumer Goods

Telecommunications

Automotive

Software

Healthcare

Construction

Energy

Media and Entertainment

Relevant Teams

Sales

Business Development

Commercial

Account Management

Customer Success

Revenue Operations

Sales Operations

Channel Management

Sales Engineering

Business Operations

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Sales Manager

Key Account Manager

Regional Sales Director

Inside Sales Representative

Territory Sales Manager

Sales Consultant

Commercial Director

Sales Engineer

Technical Sales Specialist

Channel Sales Manager

Enterprise Sales Executive

Junior Sales Representative

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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