A Caretaker Agreement (Hausmeistervertrag) is essential for property owners and management companies operating in Germany who need to engage a professional caretaker for their properties. This document is used when establishing a formal employment relationship for property maintenance and oversight services. The agreement must comply with German employment law, including the German Civil Code (BGB), Working Hours Act (ArbZG), and various property management regulations. It is particularly important for residential complexes, commercial buildings, and mixed-use properties where regular maintenance, security, and resident services are required. The document typically includes comprehensive details about duties, working hours, compensation, benefits, and specific responsibilities tailored to the property's needs, while ensuring compliance with German legal requirements for employment contracts.
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1. Parties: Identification of the employer (property owner/management company) and the caretaker
2. Background: Brief context about the property and need for caretaker services
3. Definitions: Key terms used throughout the agreement
4. Scope of Employment: Nature of employment relationship and basic role description
5. Duties and Responsibilities: Detailed listing of caretaker's regular duties and responsibilities
6. Working Hours and Location: Specified working hours, work location, and on-call requirements
7. Compensation and Benefits: Salary, payment terms, and any additional benefits
8. Leave Entitlement: Vacation days, sick leave, and other time-off provisions
9. Equipment and Materials: Tools and materials provided by the employer
10. Reporting and Supervision: Reporting structure and supervision arrangements
11. Confidentiality: Obligations regarding confidential information and data protection
12. Term and Termination: Duration of agreement and termination provisions
13. Insurance and Liability: Insurance requirements and liability limitations
14. Governing Law: Specification of German law application and jurisdiction
15. Entire Agreement: Integration clause and amendment provisions
1. Service Apartment: Terms regarding provided accommodation if the caretaker lives on-site
2. Emergency Services: Special provisions for emergency response duties and compensation
3. Multiple Properties: Additional terms for caretakers responsible for multiple properties
4. Substitute Performance: Arrangements for replacement during absence or illness
5. Training Requirements: Specific training or certification requirements for specialized facilities
6. Performance Bonuses: Structure for additional performance-based compensation
7. Non-Competition: Restrictions on working for competing properties (if applicable)
1. Property Details: Detailed description of the property/properties under caretaker's responsibility
2. Duty Schedule: Detailed breakdown of daily, weekly, and monthly tasks
3. Equipment Inventory: List of tools and equipment provided to the caretaker
4. Emergency Procedures: Detailed emergency response procedures and contact information
5. Compensation Details: Detailed breakdown of salary, benefits, and any variable compensation
6. Service Level Requirements: Specific performance standards and expectations
7. Contact List: List of important contacts (management, service providers, emergency services)
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