Agreement Between Employer And Employee for Germany

Agreement Between Employer And Employee Template for Germany

This document is a comprehensive employment agreement governed by German law, designed to establish and regulate the employment relationship between an employer and employee in Germany. It incorporates all essential elements required under German labor law, including working hours, remuneration, leave entitlements, and notice periods, while ensuring compliance with key legislation such as the German Civil Code (BGB), Protection Against Dismissal Act (KSchG), and Working Hours Act (ArbZG). The agreement provides a legally sound framework that protects both employer and employee interests while maintaining flexibility to accommodate specific industry requirements and company policies.

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What is a Agreement Between Employer And Employee?

The Agreement Between Employer And Employee serves as the foundational document establishing the employment relationship under German law. This agreement is essential when hiring new employees in Germany or formalizing existing employment relationships, ensuring compliance with German labor regulations including the Civil Code (BGB), Working Hours Act, and various employee protection laws. It comprehensively covers all aspects of the employment relationship, from basic terms of employment to specific provisions regarding working hours, compensation, benefits, and termination procedures. The document is designed to protect both parties' interests while maintaining compliance with mandatory German employment law requirements and can be customized to accommodate industry-specific needs and company policies.

What sections should be included in a Agreement Between Employer And Employee?

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, responsibilities, and reporting structure

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

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

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

8. Remuneration: Base salary, payment schedule, and any guaranteed bonuses

9. Leave Entitlement: Annual leave, public holidays, and sick leave provisions

10. Social Security and Insurance: Statutory social security contributions and insurance arrangements

11. Confidentiality: Protection of company secrets and confidential information

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. Severability: Standard clause ensuring remainder of contract remains valid if parts are found invalid

What sections are optional to include in a Agreement Between Employer And Employee?

1. Bonus Arrangements: Details of performance-related bonuses or commission structures, used when variable compensation is part of the package

2. Company Car: Terms of company car provision and usage, included when a company car is provided

3. Work Equipment: Provisions regarding company-provided equipment like laptops and phones, used when specific equipment is provided

4. Remote Work: Terms and conditions for working from home or remote locations, included when remote work is permitted

5. Non-Competition: Post-employment competition restrictions, used when protecting business interests is crucial

6. Intellectual Property: IP rights assignment and inventions, included for creative or technical roles

7. Training and Development: Professional development commitments and training obligations, used when specific qualifications or training are required

8. Stock Options: Employee share schemes or stock option plans, included when equity compensation is offered

9. International Travel: Terms for business travel and international assignments, used for roles requiring travel

10. Language Clause: Specification of prevailing language version, used when contract is bilingual

What schedules should be included in a Agreement Between Employer And Employee?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Reference to or inclusion of relevant company policies and procedures

4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing in compliance with GDPR

5. Schedule 5 - Company Car Policy: Specific terms and conditions for company car usage if applicable

6. Schedule 6 - IT Usage Policy: Rules and guidelines for using company IT systems and equipment

7. Appendix A - Benefits Summary: Overview of all employee benefits and eligibility conditions

8. Appendix B - Code of Conduct: Company's code of conduct and ethical guidelines

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

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Agreement Between Company And Employee

German law-compliant employment agreement establishing terms and conditions between employer and employee, incorporating essential protections under German labor legislation.

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What is a Agreement Between Employer And Employee?

What sections should be included in a Agreement Between Employer And Employee?

What sections are optional to include in a Agreement Between Employer And Employee?

What schedules should be included in a Agreement Between Employer And Employee?

Authors

Alex Denne

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