Secondment Contract for Germany

Secondment Contract Template for Germany

A German law-governed secondment contract (Entsendungsvertrag) that establishes the terms and conditions for the temporary assignment of an employee from their original employer (Home Employer) to another company (Host Employer). The agreement complies with German employment law, particularly the Arbeitnehmerüberlassungsgesetz (AÜG), and addresses essential aspects such as duration, duties, compensation, benefits, working conditions, and reporting relationships. It ensures clear definition of rights and responsibilities while maintaining the original employment relationship and protecting the employee's interests under German labor law.

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What is a Secondment Contract?

The Secondment Contract is essential when an organization needs to temporarily assign an employee to another company while maintaining the original employment relationship. This arrangement is common in corporate groups, project-based work, or knowledge transfer situations under German jurisdiction. The document must comply with German labor law, particularly the Arbeitnehmerüberlassungsgesetz (AÜG), and includes detailed provisions on working conditions, compensation, responsibilities, and the tripartite relationship between Home Employer, Host Employer, and Employee. It's crucial for protecting all parties' interests and ensuring legal compliance while facilitating efficient business operations and skill transfer.

What sections should be included in a Secondment Contract?

1. Parties: Identification of the three parties: Home Employer (Seconding Company), Host Employer (Host Company), and Employee

2. Background: Context of the secondment arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Secondment Period', 'Host Company', 'Home Company', etc.

4. Duration of Secondment: Specific start and end dates of the secondment period, including any notice periods for early termination

5. Role and Duties: Description of the employee's position, responsibilities, and reporting lines at the Host Company

6. Place of Work: Location where the seconded employee will perform their duties

7. Working Hours: Specified working hours, rest periods, and overtime arrangements in compliance with ArbZG

8. Compensation and Benefits: Details of salary, benefits, expenses, and which employer is responsible for each component

9. Leave Entitlements: Vacation, sick leave, and other leave arrangements, including approval processes

10. Continued Employment: Confirmation that the employment relationship with the Home Employer continues

11. Obligations of the Host Company: Responsibilities of the Host Company including supervision, safety, training, etc.

12. Data Protection: Handling of personal data in compliance with GDPR/DSGVO

13. Confidentiality: Confidentiality obligations regarding both companies' information

14. Intellectual Property: Ownership and rights regarding work created during secondment

15. Return to Home Company: Arrangements for the employee's return to the Home Company

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

What sections are optional to include in a Secondment Contract?

1. International Travel: Include when secondment involves cross-border work, detailing visa requirements and travel arrangements

2. Housing and Relocation: Include when the secondment includes relocation support or housing benefits

3. Tax Equalization: Include for international secondments or when special tax arrangements apply

4. Training Requirements: Include when specific training or certifications are required at the Host Company

5. Performance Management: Include when detailed arrangements for performance reviews between both companies are needed

6. Insurance Coverage: Include when special insurance arrangements are required

7. Works Council Provisions: Include when works council agreements affect the secondment

8. Non-Compete: Include when additional competition restrictions are required

What schedules should be included in a Secondment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting structure at Host Company

2. Schedule 2 - Compensation and Benefits Details: Comprehensive breakdown of all compensation elements and responsible party for each

3. Schedule 3 - Applicable Policies: List of Host Company policies that apply to the seconded employee

4. Schedule 4 - Health and Safety Requirements: Specific safety requirements and procedures at Host Company

5. Appendix A - Contact Details: Key contact persons at both Home and Host Companies

6. Appendix B - Required Notifications: Templates for various required notifications under German law

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Healthcare

Engineering

Construction

Automotive

Energy

Telecommunications

Consulting

Research and Development

Education

Pharmaceuticals

Information Technology

Relevant Teams

Human Resources

Legal

Compliance

Project Management Office

Operations

Finance

Research and Development

Information Technology

Business Development

Risk Management

Employee Relations

Global Mobility

Compensation and Benefits

Relevant Roles

HR Director

Legal Counsel

HR Manager

Compliance Officer

Project Manager

Department Head

Technical Specialist

Senior Engineer

Financial Controller

Operations Manager

Research Scientist

Management Consultant

IT Specialist

Business Development Manager

Training Coordinator

Risk Manager

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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