This Telework Agreement is designed for use in the German market to formalize remote working arrangements between employers and employees. It has become increasingly important following the shift toward flexible working arrangements and is specifically tailored to comply with German labor law requirements, including the Arbeitsschutzgesetz (Occupational Safety Act), Arbeitszeitgesetz (Working Hours Act), and data protection regulations (GDPR and BDSG). The agreement covers essential aspects such as workplace requirements, working hours, equipment provision, cost allocation, data protection measures, and health and safety requirements. It should be used whenever an employee is permitted to work remotely on a regular basis, whether full-time or part-time, and needs to be adapted based on specific company policies and any applicable works council agreements.
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1. Parties: Identification of the employer and employee
2. Background: Context of the agreement and basis for telework arrangement
3. Definitions: Key terms used in the agreement including 'telework', 'workplace', 'working hours'
4. Workplace Arrangements: Specification of the remote work location and any requirements for the home office setup
5. Working Hours: Agreed working hours, core hours, break times, and time recording requirements
6. Accessibility: Requirements for being reachable during working hours and response times
7. Data Protection and Confidentiality: Obligations regarding data security and confidential information
8. Health and Safety: Workplace safety requirements and employer's obligations
9. Costs and Expenses: Arrangements for covering work-related expenses and utilities
10. Termination: Conditions under which the telework arrangement can be terminated
11. Governing Law: Specification of German law as governing law
1. Equipment Provision: Details of company-provided equipment, when the employer provides specific work equipment
2. Insurance: Additional insurance requirements, if specific insurance coverage is needed
3. International Telework: Special provisions for telework from abroad, if applicable
4. Training: Specific training requirements for remote work, if required
5. Works Council Provisions: Special provisions agreed with works council, if a works council exists
6. Emergency Procedures: Special procedures for emergency situations, if required by the nature of work
7. Performance Monitoring: Specific provisions about performance monitoring, if applicable
1. Schedule 1 - Workplace Safety Checklist: Checklist for ensuring the home office meets required safety standards
2. Schedule 2 - Equipment Inventory: List of all company-provided equipment and their conditions
3. Schedule 3 - Data Protection Protocol: Detailed protocols for handling confidential information and data protection
4. Schedule 4 - Cost Reimbursement Guidelines: Detailed guidelines for claiming work-related expenses
5. Schedule 5 - Technical Requirements: Minimum technical requirements for remote work setup
6. Schedule 6 - Emergency Contact Information: List of relevant contact information for technical support and emergencies
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