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Definite Employment Contract Template for Germany

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Key Requirements PROMPT example:

Definite Employment Contract

"I need a Definite Employment Contract under German law for a software developer position starting March 1, 2025, for a 12-month project with remote work options and specific IP protection clauses for software development."

Document background
The Definite Employment Contract is a fundamental document used in German employment relationships where a fixed-term employment arrangement is desired and legally permissible. This contract type is specifically regulated under German law, particularly through the Part-Time and Fixed-Term Employment Act (TzBfG), which requires objective justification for fixed-term employment in most cases. The document is essential for temporary projects, interim positions, or other situations where employment is intended for a specific duration. It must include all mandatory elements required by German labor law, including specific start and end dates, detailed working conditions, and compensation terms. The contract serves both as a legal compliance document and as a clear framework for the employment relationship, protecting both employer and employee interests while ensuring adherence to German employment regulations.
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 reason for the fixed-term contract (required under TzBfG)

3. Definitions: Key terms used throughout the contract

4. Term of Employment: Start date, end date, and justification for the fixed term as required by German law

5. Position and Duties: Job title, role description, and primary responsibilities

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 schedule, and any guaranteed bonuses

9. Leave Entitlement: Annual leave, public holidays, and other time off rights

10. Illness and Incapacity: Sick pay entitlements and notification requirements

11. Confidentiality: Protection of company secrets and confidential information

12. Data Protection: Handling of personal data under GDPR and German data protection laws

13. Notice Period: Notice requirements for early termination if permitted

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

15. Entire Agreement: Integration clause and relationship to collective agreements if applicable

Optional Sections

1. Probationary Period: Include when a probationary period is desired, maximum 6 months under German law

2. Company Car: Include when a company car is provided, specifying terms of use

3. Variable Compensation: Include when bonus schemes or commission structures apply

4. Post-contractual Non-compete: Include when a post-contractual non-compete is required, noting mandatory compensation requirements

5. International Travel: Include when position requires international travel

6. Training Obligations: Include when specific training requirements or repayment provisions apply

7. Remote Work: Include when remote work arrangements are permitted

8. Additional Employment: Include when restrictions on secondary employment are needed

9. Intellectual Property: Include for positions involving creative or inventive work

10. Stock Options/Benefits: Include when equity compensation is offered

Suggested Schedules

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

2. Compensation Details: Breakdown of salary components and benefits

3. Company Policies: Reference to applicable company policies and procedures

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

5. Company Car Policy: If applicable, detailed terms of company car usage

6. Bonus Scheme Rules: If applicable, detailed variable compensation rules

7. IT and Communications Policy: Rules regarding use of company IT systems and equipment

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































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Relevant Teams

Human Resources

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Talent Acquisition

Employee Relations

Compensation and Benefits

Executive Leadership

Relevant Roles

Project Manager

Software Developer

Research Scientist

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Financial Analyst

HR Coordinator

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Operations Manager

Teacher

Construction Supervisor

Medical Professional

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Account Manager

Design Engineer

Product Manager

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Customer Service Representative

Business Development Manager

Data Analyst

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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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