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Conflict Of Interest Employment Contract Template for Germany

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Key Requirements PROMPT example:

Conflict Of Interest Employment Contract

"I need a Conflict of Interest Employment Contract under German law for a senior investment manager starting March 2025, who will maintain board positions in two external companies and manage a family investment portfolio."

What is a Conflict Of Interest Employment Contract?

The Conflict of Interest Employment Contract is designed for use in the German employment context where there is a significant need to manage potential conflicts between an employee's duties and their personal or external interests. This document is particularly crucial in regulated industries or for positions with significant decision-making authority or access to sensitive information. It combines standard employment terms required under German law with specific provisions for identifying, disclosing, and managing conflicts of interest. The contract ensures compliance with German labor laws, including the Civil Code (BGB) and Commercial Code (HGB), while providing clear guidelines for both employers and employees on handling potential conflicts. It's especially relevant in situations where employees may have external business interests, family connections within the industry, or access to confidential information that could create conflicts.

What sections should be included in a Conflict Of Interest Employment Contract?

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

2. Background: Context of the employment relationship and purpose of the specific conflict of interest provisions

3. Definitions: Key terms including 'Conflict of Interest', 'Related Parties', 'Business Interests', and other relevant terminology

4. Position and Duties: Description of the employee's role, responsibilities, and reporting structure

5. Conflict of Interest Policy: Core principles and general rules regarding conflicts of interest

6. Disclosure Obligations: Requirements and procedures for disclosing potential or actual conflicts of interest

7. Working Hours and Location: Specified working hours, workplace location, and flexibility arrangements

8. Remuneration: Salary, benefits, and any performance-related compensation

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Non-Competition: Restrictions on competing activities during employment

11. Term and Termination: Duration of employment and termination provisions

12. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Conflict Of Interest Employment Contract?

1. External Business Interests: Detailed provisions for employees who maintain or wish to pursue external business activities

2. Investment Guidelines: Specific rules regarding personal investments, particularly relevant for financial sector employees

3. Family Member Employment: Provisions regarding employment of family members, relevant for family businesses or small companies

4. Board Positions: Rules for accepting external board or advisory positions, typically for senior executives

5. Intellectual Property: Additional IP provisions for employees in research, development, or creative roles

6. Remote Work Provisions: Specific conflict of interest considerations for remote working arrangements

7. Industry-Specific Compliance: Additional compliance requirements for regulated industries

What schedules should be included in a Conflict Of Interest Employment Contract?

1. Schedule 1: Conflict of Interest Declaration Form: Standard form for declaring potential conflicts of interest

2. Schedule 2: Approved External Activities: List of pre-approved external activities or business interests

3. Schedule 3: Related Party Register: Template for recording related parties and potential conflicts

4. Schedule 4: Compliance Procedures: Detailed procedures for managing and resolving conflicts of interest

5. Schedule 5: Code of Conduct: Company's code of conduct relating to conflicts of interest

6. Appendix A: Examples of Conflicts: Practical examples of common conflict situations and their resolution

7. Appendix B: Regulatory Requirements: Summary of relevant regulatory requirements and industry standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Financial Services

Healthcare

Professional Services

Technology

Manufacturing

Public Sector

Education

Consulting

Real Estate

Energy

Telecommunications

Pharmaceutical

Legal Services

Investment Management

Relevant Teams

Legal

Compliance

Human Resources

Finance

Procurement

Executive Leadership

Sales

Business Development

Research & Development

Investment

Risk Management

Operations

Information Technology

Project Management

Relevant Roles

Executive Director

Board Member

Senior Manager

Investment Manager

Procurement Officer

Research Director

Sales Director

Financial Controller

HR Manager

Legal Counsel

Project Manager

Technical Lead

Department Head

Chief Financial Officer

Chief Executive Officer

Compliance Officer

Risk Manager

Business Development Manager

Account Manager

Consultant

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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