Overseas Employment Contract for Germany

Overseas Employment Contract Template for Germany

A comprehensive employment agreement governed by German law that establishes the terms and conditions for an employee's overseas assignment. The document complies with German labor law requirements, particularly the Nachweisgesetz (Documentation Act) and Arbeitnehmer-Entsendegesetz (Posted Workers Act), while incorporating international employment elements. It covers essential aspects such as compensation, benefits, working conditions, social security arrangements, tax considerations, and repatriation terms, ensuring both employer and employee interests are protected in cross-border employment situations.

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What is a Overseas Employment Contract?

The Overseas Employment Contract is essential for German companies sending employees on international assignments or hiring employees to work abroad. This document is specifically designed to comply with German employment law while accommodating international posting requirements. It's used when an employee will work outside their home country for an extended period, typically ranging from several months to several years. The contract addresses crucial aspects required by German legislation, including the Nachweisgesetz and Arbeitnehmer-Entsendegesetz, while incorporating necessary international elements such as expatriate benefits, tax equalization, social security arrangements, and repatriation terms. It's particularly important for ensuring clear documentation of employment terms, protecting both employer and employee rights, and maintaining compliance with both German and international legal requirements.

What sections should be included in a Overseas Employment Contract?

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

2. Background: Context of the employment relationship and reason for overseas posting

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

4. Position and Duties: Job title, role description, reporting lines, and key responsibilities

5. Place of Work: Overseas work location, any mobility requirements, and home office arrangements

6. Duration of Assignment: Term of overseas posting, including start date and expected end date

7. Working Hours: Regular working hours, overtime arrangements, and local holiday observations

8. Remuneration: Base salary, currency, payment method, and timing of payments

9. Overseas Allowances: Additional payments related to overseas posting including housing, cost of living, and hardship allowances

10. Benefits: Insurance, pension, healthcare, and other benefits specific to overseas posting

11. Travel and Relocation: Travel arrangements, relocation assistance, and home leave provisions

12. Tax and Social Security: Tax equalization policies and social security arrangements

13. Leave Entitlements: Vacation, sick leave, and other leave entitlements

14. Termination: Notice periods and procedures for early termination

15. Repatriation: Terms and conditions for return to home country

16. Governing Law: Confirmation of German law as governing law and jurisdiction

17. Data Protection: Handling of personal data in compliance with GDPR and local regulations

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

1. Emergency Procedures: Required for high-risk locations, detailing emergency protocols and evacuation procedures

2. Cultural Training: Optional section for positions requiring significant cultural interaction or in culturally distant locations

3. Spouse/Partner Support: Include when offering support for accompanying family members

4. Post-Assignment Provisions: Required when specific post-assignment roles or guarantees are offered

5. Language Training: Include when language training is provided as part of the assignment

6. Local Business Practices: Required for senior positions or when local business customs significantly differ

7. Intellectual Property: Required for technical or creative roles involving IP creation

8. Non-Competition: Optional restrictions post-employment, subject to German law limitations

What schedules should be included in a Overseas Employment Contract?

1. Schedule 1 - Compensation Details: Detailed breakdown of salary, allowances, and benefits

2. Schedule 2 - Job Description: Detailed description of role, responsibilities, and objectives

3. Schedule 3 - Relocation Package: Detailed list of relocation benefits and support

4. Schedule 4 - Insurance Coverage: Details of all insurance policies and coverage

5. Appendix A - Tax Equalization Policy: Detailed explanation of tax equalization methodology

6. Appendix B - Emergency Contacts: List of emergency contacts in home and host country

7. Appendix C - Required Documentation: Checklist of required permits, visas, and certifications

8. Appendix D - Home Leave Policy: Detailed provisions for home leave arrangements

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 Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Technology

Financial Services

Consulting

Engineering

Construction

Automotive

Chemical

Energy

Telecommunications

Pharmaceutical

Mining

Oil & Gas

Professional Services

Education

Relevant Teams

Human Resources

Legal

Global Mobility

Finance

Operations

International Assignment Services

Compensation & Benefits

Tax

Compliance

Risk Management

Talent Management

International Recruitment

Relevant Roles

International Project Manager

Global Operations Director

Technical Specialist

Senior Engineer

Business Development Manager

Country Manager

Regional Sales Director

Plant Manager

Construction Supervisor

Chief Technology Officer

Research Scientist

Financial Controller

Marketing Director

Management Consultant

Training Specialist

Quality Assurance Manager

Operations Manager

Technical Advisor

Executive Director

Site Manager

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Contains fundamental provisions on employment contracts, particularly §§ 611-630, governing basic employment relationships and contract terms
Arbeitnehmer-Entsendegesetz (AEntG): Posted Workers Act - Regulates the posting of workers abroad and ensures minimum working conditions for posted workers
Sozialgesetzbuch (SGB): Social Security Code - Particularly important for determining social security obligations during overseas employment
Arbeitszeitgesetz (ArbZG): Working Time Act - Regulates maximum working hours, rest periods, and related matters that must be considered even for overseas work
Bundesurlaubsgesetz (BUrlG): Federal Leave Act - Governs minimum vacation entitlements that must be maintained even during overseas employment
Nachweisgesetz (NachwG): Documentation Act - Requires specific written documentation of employment terms, particularly important for overseas work
Einkommensteuergesetz (EStG): Income Tax Act - Relevant for tax treatment of overseas income and potential double taxation issues
Arbeitsschutzgesetz (ArbSchG): Occupational Safety and Health Act - Defines employer obligations regarding worker safety, including during overseas assignments
EU-Verordnung 883/2004: EU Social Security Coordination Regulation - Coordinates social security systems when working within the EU/EEA
Mindestlohngesetz (MiLoG): Minimum Wage Act - Ensures compliance with German minimum wage requirements, which may apply even during overseas posting
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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