The Certificate of Employment With Compensation is a crucial document in German employment law that formalizes the employment relationship between parties. It is typically issued at the commencement of employment or when there are significant changes to employment terms. This document is required under German law, specifically the NachwG (Documentation Act), which mandates written documentation of essential working conditions within one month of employment start. The certificate includes comprehensive details about compensation, working hours, benefits, and other employment terms, ensuring compliance with various German labor laws including the Civil Code (BGB), Working Hours Act (ArbZG), and Data Protection Act (BDSG). It serves both as a legal requirement and as a reference document for both employer and employee throughout the employment relationship.
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1. Title and Parties: Identifying information of employer and employee including full legal names, addresses, and positions
2. Commencement of Employment: Start date of employment and any probationary period details
3. Position and Duties: Job title, role description, and primary responsibilities
4. Place of Work: Primary workplace location and any mobility requirements
5. Working Hours: Regular working hours, overtime provisions, and break periods as per ArbZG
6. Compensation: Base salary, payment intervals, and method of payment
7. Benefits: Additional benefits including vacation days, sick leave, and insurance coverage
8. Notice Period: Terms for termination of employment by either party
9. Confidentiality: Obligations regarding company secrets and confidential information
10. Data Protection: Provisions for handling personal data in compliance with BDSG
1. Bonus Arrangements: Include when performance-based or discretionary bonuses are part of compensation
2. Company Car: Include when a company car is provided as part of the employment package
3. Remote Work: Include when there are provisions for working from home or other locations
4. Non-Competition: Include for senior positions or when dealing with sensitive information
5. International Travel: Include when position requires regular international travel
6. Training Requirements: Include when specific training or certifications are required
7. Inventions and IP Rights: Include for technical or creative positions where IP creation is expected
1. Schedule 1: Job Description: Detailed description of role responsibilities and requirements
2. Schedule 2: Compensation Details: Breakdown of salary components and benefits
3. Schedule 3: Company Policies: Reference to relevant company policies and procedures
4. Appendix A: Data Privacy Notice: Detailed information about personal data processing as required by BDSG
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