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Individual Work Contract

Individual Work Contract Template for Germany

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Key Requirements PROMPT example:

Individual Work Contract

"I need an Individual Work Contract for a Senior Software Developer position, starting March 1, 2025, with provisions for 60% remote work, stock options, and including standard confidentiality and IP clauses for a technology company based in Munich."

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Document background
The Individual Work Contract (Arbeitsvertrag) is a mandatory document under German law for establishing an employment relationship between an employer and an employee. It must be provided in writing within one month of employment commencement, as required by the Documentation of Essential Working Conditions Act (Nachweisgesetz). This document is used when hiring new employees or formalizing existing employment relationships in Germany, ensuring compliance with German labor laws, including the German Civil Code (BGB), Working Hours Act, and Federal Leave Act. It serves as the primary reference point for both parties regarding their rights, obligations, and terms of employment, while providing legal certainty and protection for both employer and employee.
Suggested Sections

1. Parties: Identification of 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 contract

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

5. Start Date and Duration: Commencement date and whether fixed-term or permanent contract

6. Probationary Period: Length of probationary period and applicable notice periods during this time

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

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

9. Remuneration: Base salary, payment intervals, and method of payment

10. Annual Leave: Annual vacation entitlement and rules for requesting/taking leave

11. Sick Pay: Provisions for continued payment during illness

12. Notice Periods: Notice periods for termination by either party

13. Confidentiality: Obligations regarding company secrets and confidential information

14. Data Protection: Handling of employee personal data under GDPR

15. Governing Law: Confirmation of German law application

16. Signatures: Execution section for both parties

Optional Sections

1. Bonus Arrangements: Include when performance-related bonuses or commission structures apply

2. Company Car: Include when a company car is provided as part of the employment package

3. Remote Work: Include when remote working arrangements are permitted

4. Non-Competition: Include when post-contractual non-compete obligations apply (requires compensation)

5. Additional Benefits: Include when offering pension contributions, health insurance, or other benefits

6. Training Requirements: Include when specific training or qualifications are required

7. Intellectual Property: Include when employee's work involves creation of IP

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

9. Work Equipment: Include when providing specific work tools or equipment

10. Travel Provisions: Include when role requires regular business travel

Suggested Schedules

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

2. Bonus Scheme Rules: Detailed terms of any applicable bonus or commission schemes

3. Company Policies: Reference to or summary of key company policies that form part of the contract

4. Benefits Summary: Detailed description of all benefits and eligibility conditions

5. Data Privacy Notice: Detailed information about personal data processing

6. Company Car Policy: Terms of company car usage if applicable

7. Remote Work Policy: Detailed rules and requirements for remote working if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Parties and Position
Term and Duration
Probationary Period
Duties and Responsibilities
Place of Work
Working Hours
Remuneration
Bonus and Commission
Benefits
Annual Leave
Sick Leave
Public Holidays
Expenses
Company Property
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Secondary Employment
Notice Period
Termination
Garden Leave
Return of Property
Governing Law
Severability
Entire Agreement
Works Council
Health and Safety
Training and Development
Personnel Records
Collective Agreements
Changes to Terms
Grievance Procedures
Disciplinary Procedures
Force Majeure
Assignment and Transfer
Company Policies
Travel Requirements
Remote Work
Relevant Industries

Technology

Manufacturing

Financial Services

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Automotive

Energy

Telecommunications

Media

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Management

Business Development

Quality Assurance

Compliance

Project Management Office

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Developer

Sales Representative

Marketing Specialist

Human Resources Officer

Financial Analyst

Account Manager

Operations Manager

Research Scientist

Administrative Assistant

Customer Service Representative

Product Manager

Business Analyst

Legal Counsel

Technical Support Specialist

Data Analyst

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Sections 611-630 specifically deal with employment contracts, defining basic rights and obligations of employers and employees
Nachweisgesetz (NachwG) - Documentation of Essential Working Conditions Act: Requires written documentation of essential employment terms and conditions within one month of employment start
Arbeitszeitgesetz (ArbZG) - Working Hours Act: Regulates maximum working hours, rest periods, and break requirements
Bundesurlaubsgesetz (BUrlG) - Federal Leave Act: Governs minimum annual leave entitlements and related conditions
Kündigungsschutzgesetz (KSchG) - Protection Against Dismissal Act: Provides protection against unfair dismissal and defines valid grounds for termination
Mindestlohngesetz (MiLoG) - Minimum Wage Act: Sets the statutory minimum wage and related obligations
Entgeltfortzahlungsgesetz (EntgFG) - Continued Remuneration Act: Regulates continued payment during illness and public holidays
Allgemeines Gleichbehandlungsgesetz (AGG) - General Equal Treatment Act: Ensures protection against discrimination in employment relationships
Arbeitssicherheitsgesetz (ASiG) - Occupational Safety Act: Covers workplace safety and health protection requirements
Sozialgesetzbuch (SGB) - Social Security Code: Contains provisions for social security contributions and insurance obligations
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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