Hiring Agreement for Germany

Hiring Agreement Template for Germany

A German employment contract (Arbeitsvertrag) is a legally binding agreement that establishes the employment relationship between an employer and employee under German labor law. The document must comply with various German statutory requirements, including the Documentation Act (Nachweisgesetz) and the German Civil Code (Bürgerliches Gesetzbuch). It outlines essential terms such as job responsibilities, working hours, compensation, benefits, leave entitlements, notice periods, and data protection provisions, while ensuring adherence to German worker protection laws and industry-specific regulations.

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What is a Hiring Agreement?

This Hiring Agreement is a fundamental document used to establish and formalize employment relationships in Germany. It is required whenever a new employee is hired or when significant changes to employment terms occur. The agreement must comply with German labor law, including the Documentation Act (Nachweisgesetz), which mandates written documentation of essential employment terms. The document incorporates mandatory provisions from various German labor laws while allowing for customization based on the specific role, industry requirements, and company policies. It serves as the primary reference point for both employer and employee regarding their rights, obligations, and terms of employment.

What sections should be included in a Hiring Agreement?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and basis for the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Commencement and Term: Start date, probationary period, and type of contract (fixed-term or permanent)

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

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

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

9. Leave Entitlement: Annual leave, public holidays, and other types of leave

10. Sick Pay: Sick leave and continued payment regulations

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. Entire Agreement: Integration clause and relationship to other agreements

What sections are optional to include in a Hiring Agreement?

1. Variable Compensation: Details of bonus schemes, commission structures, or other variable pay elements - include when role has performance-based compensation

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

3. Non-Competition: Post-employment competition restrictions - include for senior roles or when dealing with sensitive information

4. Intellectual Property: IP rights and assignments - include for creative, technical, or R&D positions

5. Remote Work: Terms for working from home or remote locations - include when remote work is permitted

6. International Travel: Requirements and compensation for international travel - include for roles involving travel

7. Training Commitments: Required training and potential repayment terms - include when significant training investment is involved

8. Stock Options: Terms of any share option or equity participation schemes - include when equity compensation is offered

What schedules should be included in a Hiring Agreement?

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

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Reference to or summary of key company policies

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

5. Schedule 5 - Company Equipment: List of company equipment provided to employee

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - Benefits Summary: Overview of all employee benefits and eligibility criteria

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

Employment Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Support

Administration

Product Management

Business Development

Compliance

Quality Assurance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Financial Analyst

Sales Representative

Marketing Specialist

Human Resources Manager

Operations Manager

Research Scientist

Administrative Assistant

Customer Service Representative

Technical Support Specialist

Product Manager

Business Analyst

Account Manager

Legal Counsel

Data Scientist

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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