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Contract Between Employer And Employee Template for Germany

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Key Requirements PROMPT example:

Contract Between Employer And Employee

"I need a Contract Between Employer And Employee for a senior software developer position in our Berlin office, starting March 1, 2025, including provisions for hybrid working arrangements (3 days office/2 days remote) and specific clauses about intellectual property rights for software development."

Document background
The Contract Between Employer And Employee under German law is a fundamental document required for all employment relationships in Germany. It serves to formalize the employment relationship and must comply with strict German labor law requirements, including the Documentation Act (Nachweisgesetz) which mandates certain terms be provided in writing. This contract type is essential for any new hire in Germany and must be provided to the employee within one month of employment commencement. It includes mandatory provisions such as working hours, remuneration, and leave entitlements, while also potentially incorporating optional elements like bonus schemes or company car arrangements. The document provides legal security for both parties and serves as a reference point for the entire duration of the employment relationship.
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 contract

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

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

6. Place of Work: Primary workplace location and any flexibility provisions

7. Working Hours: Regular working hours, break times, and overtime provisions

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

9. Leave Entitlement: Annual leave, public holidays, and other leave entitlements

10. Illness and Sick Pay: Notification procedures and sick pay entitlements

11. Confidentiality: Basic confidentiality obligations during and after employment

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

13. Notice Period: Notice requirements for termination by either party

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

15. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Bonus and Variable Compensation: Include when the role includes performance-based pay or bonuses

2. Company Car: Include when a company car is provided as part of the benefits package

3. International Travel: Include when the role requires international travel or assignments

4. Post-contractual Non-compete: Include when there's a need for post-employment competition restrictions (must include compensation)

5. Intellectual Property: Include for roles involving creative or innovative work

6. Home Office Arrangements: Include when remote work is permitted

7. Training Commitments: Include when specific training is required or provided with repayment provisions

8. Stock Options/Employee Participation: Include when employee is eligible for company share programs

9. Additional Benefits: Include when specific additional benefits are offered (pension, healthcare, etc.)

10. Secondary Employment: Include when restrictions on additional employment are needed

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 or inclusion of relevant company policies

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

5. Schedule 5 - Company Equipment: List of company equipment provided to employee

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

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

8. Appendix C - Travel Policy: Guidelines for business travel and expense reimbursement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Media and Entertainment

Telecommunications

Real Estate

Non-Profit

Public Sector

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Business Development

Strategy

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Sales Representative

Marketing Specialist

Human Resources Manager

Financial Analyst

Administrative Assistant

Operations Manager

Research Scientist

Customer Service Representative

Product Manager

Business Analyst

Technical Support Specialist

Account Manager

Design Engineer

Legal Counsel

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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