Fixed Term Agreement for Germany

Fixed Term Agreement Template for Germany

A German Fixed Term Employment Agreement is a legally binding contract governed by German labor law, particularly the Part-Time and Fixed-Term Employment Act (TzBfG). This agreement establishes a defined employment relationship with a specific end date, detailing essential terms such as position, remuneration, working hours, and benefits in compliance with German legal requirements. The document incorporates mandatory provisions under German law, including specific justification for the fixed term where required, and addresses key aspects of the employment relationship while ensuring compliance with German labor regulations, data protection requirements, and social security provisions.

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What is a Fixed Term Agreement?

This Fixed Term Agreement template is designed for use in the German market when establishing temporary employment relationships under German law. It is particularly relevant for project-based work, temporary replacements, or other situations where a limited employment duration is justified under the TzBfG. The document ensures compliance with German legal requirements, including mandatory written form requirements and specific content obligations under the Evidence Act (Nachweisgesetz). It contains all essential terms required by German law, such as working hours, remuneration, and leave entitlements, while also addressing modern employment aspects like data protection and remote work options. This template should be used when hiring employees for a defined period in Germany, ensuring that the strict requirements for fixed-term contracts under German law are met, including the need for objective justification in certain cases.

What sections should be included in a Fixed Term Agreement?

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 if required under TzBfG

3. Definitions: Key terms used throughout the agreement

4. Term and Duration: Specific start and end dates of the fixed-term employment and any probationary period

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

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

7. Working Hours: Regular working hours, break times, and flexibility arrangements

8. Remuneration: Base salary, payment schedule, and any variable components

9. Benefits: Statutory and contractual benefits including vacation entitlement

10. Sick Pay: Sick leave and continued payment provisions

11. Confidentiality: Protection of company secrets and confidential information

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

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

14. Return of Company Property: Obligations regarding company property upon termination

15. Final Provisions: Governing law, written form requirements, and severability clause

What sections are optional to include in a Fixed Term Agreement?

1. Bonus Arrangements: Include when performance-based or discretionary bonuses are offered

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

3. Home Office: Include when remote work is permitted, specifying conditions

4. Non-Competition: Include when post-contractual competition restrictions apply (must include compensation)

5. Training Commitments: Include when specific training is provided with repayment obligations

6. Inventions and IP Rights: Include for positions involving creative or technical work

7. Stock Options: Include when employee is eligible for stock option programs

8. International Travel: Include when position requires international travel

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

What schedules should be included in a Fixed Term Agreement?

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

2. Remuneration 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 bonus calculation and conditions

7. IT Usage Guidelines: Rules for use of company IT systems and equipment

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Education

Retail

Professional Services

Construction

Media and Entertainment

Logistics

Energy

Telecommunications

Pharmaceutical

Automotive

Consumer Goods

Relevant Teams

Human Resources

Legal

Finance

Marketing

Sales

Operations

Information Technology

Research and Development

Customer Service

Product Development

Administration

Quality Assurance

Business Development

Project Management Office

Corporate Communications

Relevant Roles

Project Manager

Software Developer

Research Assistant

Marketing Specialist

Financial Analyst

HR Coordinator

Sales Representative

Technical Consultant

Product Manager

Operations Coordinator

Data Scientist

Content Creator

Business Development Manager

Administrative Assistant

Quality Assurance Specialist

Intern

Maternity Cover

Teaching Assistant

Research Fellow

Seasonal Worker

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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