Dual Employment Contract Template for Germany

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Key Requirements PROMPT example:

Dual Employment Contract

"I need a Dual Employment Contract for a senior software developer who will work 60% time with our tech startup and 40% time with a research institute starting March 1, 2025, with specific provisions for intellectual property rights and data protection between both organizations."

What is a Dual Employment Contract?

The Dual Employment Contract is essential in situations where an individual needs to maintain formal employment relationships with two separate employers in Germany. This arrangement is common in scenarios such as joint ventures, research collaborations, or shared service arrangements. The document comprehensively addresses German legal requirements including working time limitations, social security contributions, and tax obligations. It provides clear frameworks for managing potential conflicts of interest, confidentiality requirements, and the fair allocation of the employee's time and responsibilities. The contract ensures compliance with German labor law while protecting the interests of all parties through detailed specifications of duties, remuneration, and benefits from each employer.

What sections should be included in a Dual Employment Contract?

1. Parties: Identification of both employers and the employee, including full legal names, addresses, and registration details

2. Background: Context of the dual employment arrangement and the relationship between the two employing entities

3. Definitions: Key terms used throughout the agreement, including specific terminology related to dual employment

4. Scope of Employment: Clear delineation of roles and responsibilities under each employment relationship

5. Working Hours and Time Allocation: Specific allocation of working hours between both employers, ensuring compliance with ArbZG limits

6. Remuneration and Benefits: Detailed breakdown of salary, benefits, and other compensation from each employer

7. Social Security and Insurance: Arrangements for social security contributions and insurance coverage between employers

8. Tax Arrangements: Structure of tax withholding and reporting responsibilities for each employer

9. Confidentiality and Data Protection: Obligations regarding confidential information for both employment relationships

10. Conflicts of Interest: Provisions for managing potential conflicts between the two roles

11. Leave Entitlements: Vacation, sick leave, and other absence arrangements between both employers

12. Term and Termination: Duration of the agreement and conditions for termination of either or both employment relationships

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

14. Signatures: Execution blocks for all three parties

What sections are optional to include in a Dual Employment Contract?

1. International Travel: Include when role involves travel between multiple jurisdictions

2. Intellectual Property Rights: Include when work involves creation of IP for either employer

3. Non-Competition: Include when there are specific competitive concerns between employers

4. Training and Development: Include when specific training obligations exist from either employer

5. Equipment and Resources: Include when specifying allocation of work tools between employers

6. Performance Management: Include when detailing how performance will be evaluated across both roles

7. Emergency Protocols: Include when work involves high-risk activities or specific safety requirements

8. Remote Working Arrangements: Include when either role involves remote work

9. Corporate Group Relations: Include when employers are part of the same corporate group

What schedules should be included in a Dual Employment Contract?

1. Schedule 1 - Job Descriptions: Detailed description of duties and responsibilities for each role

2. Schedule 2 - Working Hours Schedule: Detailed weekly/monthly schedule showing allocation of hours between employers

3. Schedule 3 - Remuneration Structure: Detailed breakdown of salary components, benefits, and payment arrangements from each employer

4. Schedule 4 - Company Policies: Relevant policies from each employer that apply to the employee

5. Schedule 5 - Benefit Entitlements: Detailed breakdown of benefits provided by each employer

6. Appendix A - Contact Information: Key contact details for HR, supervisors, and emergency contacts at both employers

7. Appendix B - Compliance Checklist: Summary of key compliance requirements and responsibilities for all parties

8. Appendix C - Required Notifications: Templates for required notifications to authorities regarding dual employment

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Consulting

Healthcare

Education

Research and Development

Financial Services

Media and Entertainment

Professional Services

Manufacturing

Telecommunications

Biotechnology

Academic and Research Institutions

Creative Industries

Relevant Teams

Human Resources

Legal

Compliance

Finance

Research & Development

Operations

Project Management Office

Academic Affairs

Clinical Operations

Information Technology

Corporate Development

Administrative Services

Relevant Roles

Research Scientist

Project Manager

Technical Consultant

Clinical Specialist

Software Developer

Academic Professor

Industry Expert

Business Analyst

Creative Director

Medical Professional

Legal Counsel

Financial Advisor

Technical Specialist

Department Head

Senior Researcher

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Sections 611-630: Fundamental provisions governing employment contracts, including basic rights and obligations of employers and employees
Working Hours Act (Arbeitszeitgesetz - ArbZG): Regulates maximum working hours, rest periods, and breaks - crucial for dual employment to ensure combined working hours don't exceed legal limits
Social Security Code (Sozialgesetzbuch - SGB): Multiple books governing social insurance obligations, particularly relevant for determining insurance status and contributions in dual employment
Income Tax Act (Einkommensteuergesetz - EStG): Provisions regarding taxation of multiple employment relationships, including tax class selections and withholding obligations
Minimum Wage Act (Mindestlohngesetz - MiLoG): Ensures compliance with minimum wage requirements across combined employment relationships
Part-Time and Fixed-Term Employment Act (Teilzeit- und Befristungsgesetz - TzBfG): Relevant for structuring part-time arrangements and ensuring equal treatment in dual employment situations
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): Governs handling of employee personal data between multiple employers
Workplace Health and Safety Act (Arbeitsschutzgesetz - ArbSchG): Ensures health and safety compliance across multiple work environments
Notification Act (Nachweisgesetz - NachwG): Requirements for documenting essential working conditions, particularly important when managing multiple employment relationships
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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