Salesman Contract Of Employment Template for Germany

The Salesman Contract of Employment is essential for companies operating in Germany who employ sales professionals. This document serves as a comprehensive employment agreement that complies with German labor law requirements while addressing the specific needs of sales roles. It should be used when hiring any sales professional who will be primarily responsible for selling products or services, whether in a field sales or inside sales capacity. The contract includes crucial elements such as base salary, commission structures, sales targets, territory assignments, and performance metrics, while ensuring compliance with German employment regulations, including the German Civil Code (BGB) and Commercial Code (HGB). It's particularly important as it balances the commercial aspects of sales work with employee protections required under German law.

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

2. Background: Brief context of the employment relationship and the sales role

3. Definitions: Key terms used in the contract including commission-related terminology

4. Position and Duties: Detailed description of the sales role, responsibilities, and reporting structure

5. Duration and Probationary Period: Term of employment and probationary period details as per German law

6. Working Hours and Location: Specified working hours, flexibility requirements, and primary work location

7. Remuneration: Base salary, commission structure, and other financial benefits

8. Commission Calculation and Payment: Detailed terms for commission calculation, payment timing, and conditions

9. Sales Targets and Performance Metrics: Definition of sales targets and performance evaluation criteria

10. Leave Entitlement: Annual leave, public holidays, and other leave provisions

11. Illness and Incapacity: Procedures for reporting illness and sick pay provisions

12. Confidentiality: Protection of company confidential information and trade secrets

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

14. Termination: Notice periods and grounds for termination

15. Post-Termination Obligations: Return of company property and ongoing obligations after employment ends

16. Governing Law: Confirmation of German law governance and jurisdiction