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Terms And Conditions Of Employment Contract

Terms And Conditions Of Employment Contract Template for Germany

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Key Requirements PROMPT example:

Terms And Conditions Of Employment Contract

"I need Terms and Conditions of Employment Contract for a senior software developer position in our Berlin tech startup, including provisions for hybrid work arrangements and stock options, with employment starting March 1, 2025."

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Document background
The Terms and Conditions of Employment Contract is a foundational document required for all employment relationships in Germany. It serves as a comprehensive agreement that outlines the rights, obligations, and working conditions of both the employer and employee, ensuring compliance with German labor laws and regulations. This document is mandatory under German law, which requires that essential terms of employment be provided to employees in writing. It must be provided to new employees no later than one month after the beginning of the employment relationship, as per Section 2 of the Documentation of Proof Act (Nachweisgesetz). The document incorporates requirements from various German labor laws, including the Civil Code (BGB), Working Hours Act, and Federal Leave Act, making it essential for establishing clear, legally-compliant employment relationships in any German workplace.
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 main responsibilities

5. Commencement and Duration: Start date, probationary period, and type of contract (fixed-term or permanent)

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

7. Working Hours: Regular working hours, break times, and overtime provisions in compliance with ArbZG

8. Remuneration: Base salary, payment intervals, and method of payment

9. Leave Entitlement: Annual leave, public holidays, and other leave rights as per BUrlG

10. Illness and Sick Pay: Sick leave notification requirements and sick pay entitlements

11. Social Insurance: Social security contributions and insurance coverage

12. Notice Periods: Notice requirements for termination by either party

13. Confidentiality: Basic confidentiality obligations regarding company information

14. Data Protection: Processing of employee personal data and GDPR compliance

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

Optional Sections

1. Bonus and Commission: Details of any variable compensation schemes, used when the role includes performance-based pay

2. Company Car: Terms of company car provision, if applicable

3. Mobile Work Arrangements: Provisions for remote work or home office arrangements

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

5. International Travel: Terms for international work or travel, if role requires

6. Training Requirements: Specific training obligations and professional development requirements

7. Stock Options/Share Schemes: Terms of participation in company share schemes, if offered

8. Additional Benefits: Any additional benefits beyond statutory requirements

9. Intellectual Property Rights: Detailed IP provisions for roles involving creative or technical work

10. Corporate Devices Usage: Rules for using company-provided devices and IT systems

Suggested Schedules

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

2. Bonus Scheme Rules: Detailed terms and calculations for variable compensation

3. Company Policies: Key workplace policies including IT, social media, and code of conduct

4. Benefits Summary: Detailed overview of all benefits and conditions

5. Working Time Arrangements: Specific working patterns, shift systems, or flexible arrangements

6. Data Privacy Notice: Detailed information about processing of employee personal data

7. Company Car Policy: Details of company car usage and maintenance requirements

8. Expense Policy: Rules and procedures for business expense reimbursement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Company
Confidential Information
Employee
Employer
Employment
Employment Relationship
Group Company
Intellectual Property Rights
Notice Period
Parent Company
Personal Data
Place of Work
Probationary Period
Regular Working Hours
Remuneration
Subsidiary
Termination Date
Working Day
Works Council
Base Salary
Business Day
Cause
Company Property
Company Policies
Competing Business
Effective Date
Fixed Term
Good Reason
Material Breach
Position
Reporting Line
Social Insurance
Trade Secrets
Variable Compensation
Clauses
Parties and Definitions
Position and Duties
Duration and Probationary Period
Place of Work
Working Hours
Remuneration
Bonus and Variable Compensation
Benefits
Leave Entitlement
Sick Leave and Continued Payment
Social Security
Termination
Notice Period
Garden Leave
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Company Property
Secondary Employment
Employee Obligations
Health and Safety
Training and Development
Expenses
Company Car
Mobile Work Arrangements
Assignment and Transfer
Collective Agreements
Works Council
Code of Conduct
Amendments
Severability
Governing Law
Entire Agreement
Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Telecommunications

Media and Entertainment

Real Estate

Non-Profit

Relevant Teams

Human Resources

Legal

People Operations

Compliance

Personnel Administration

Employee Relations

Recruitment

Compensation and Benefits

Learning and Development

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Sales Representative

Administrative Assistant

Human Resources Manager

Financial Analyst

Marketing Specialist

Operations Manager

Research Scientist

Customer Service Representative

Business Analyst

Product Manager

Legal Counsel

Account Manager

Technical Support Specialist

Production Supervisor

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of employment contract law, covering basic contractual obligations, notice periods, and general terms of employment relationships (Sections 611-630)
Working Hours Act (Arbeitszeitgesetz - ArbZG): Regulates maximum working hours, break periods, rest periods, and work on Sundays and public holidays
Protection Against Dismissal Act (Kündigungsschutzgesetz - KSchG): Governs the conditions under which employment relationships can be terminated and provides protection against unfair dismissal
Minimum Wage Act (Mindestlohngesetz - MiLoG): Establishes the legal minimum wage requirements and related obligations
Federal Leave Act (Bundesurlaubsgesetz - BUrlG): Regulates minimum paid vacation entitlements and related provisions
General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG): Anti-discrimination legislation protecting employees against discrimination based on various characteristics
Works Constitution Act (Betriebsverfassungsgesetz - BetrVG): Regulates employee representation and participation rights in the workplace
Continued Remuneration Act (Entgeltfortzahlungsgesetz - EntgFG): Governs continued payment of wages during illness and public holidays
Occupational Safety and Health Act (Arbeitsschutzgesetz - ArbSchG): Sets requirements for workplace safety and health protection
Social Security Code (Sozialgesetzbuch - SGB): Comprehensive legislation covering social security obligations, including health insurance, pension insurance, and unemployment insurance
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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