This Employer Employee Agreement is a fundamental legal document used to establish and regulate the employment relationship under German law. It serves as the primary contract between an employer and employee, incorporating mandatory provisions required by German labor legislation while allowing for customization based on specific role requirements and company policies. The agreement must comply with various German employment laws including the Civil Code (BGB), Working Hours Act (ArbZG), and Federal Leave Act (BUrlG), among others. It is essential for documenting employment terms as required by the Documentation Act (Nachweisgesetz) and protecting both parties' interests while ensuring alignment with Germany's employee-protective legal framework.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, responsibilities, and reporting structure
5. Commencement and Term: Start date, probationary period if applicable, and type of contract (fixed-term or indefinite)
6. Place of Work: Primary workplace location and any mobility requirements
7. Working Hours: Regular working hours, break times, and overtime arrangements in compliance with ArbZG
8. Remuneration: Base salary, payment intervals, and method of payment
9. Holidays and Vacation: Annual leave entitlement and public holiday provisions as per BUrlG
10. Sick Leave and Continued Payment: Sick leave notification requirements and salary continuation as per EntgFG
11. Confidentiality: Protection of company secrets and confidential information
12. Data Protection: GDPR compliance and handling of personal data
13. Termination: Notice periods and termination provisions in compliance with KSchG
14. Return of Company Property: Obligations upon termination regarding company assets and information
15. Governing Law: Confirmation of German law application and jurisdiction
16. Severability: Standard clause ensuring remainder of contract remains valid if parts are found invalid
1. Bonus and Variable Compensation: Details of performance-based compensation, applicable for management or sales positions
2. Company Car: Terms of company car provision, including private use regulations
3. Stock Options/Share Schemes: Details of any equity participation programs, typically for senior positions
4. Non-Competition: Post-contractual non-compete provisions, must include statutory compensation
5. Intellectual Property: IP assignment provisions, particularly relevant for technical or creative roles
6. Remote Work: Provisions for home office or remote work arrangements
7. Travel Requirements: Business travel obligations and compensation, if regular travel is required
8. Training and Development: Professional development commitments and training obligations
9. Insurance Coverage: Additional insurance benefits beyond statutory requirements
10. Work Equipment: Provisions regarding company-provided equipment and usage rules
1. Job Description: Detailed description of role, responsibilities, and requirements
2. Compensation Structure: Detailed breakdown of salary components and benefits
3. Company Policies: Reference to or inclusion of relevant company policies and procedures
4. Data Protection Notice: Detailed information about personal data processing as required by GDPR
5. Company Car Policy: Detailed rules and conditions for company car use, if applicable
6. Bonus Scheme Rules: Detailed provisions of any applicable bonus or commission schemes
7. IT Policy: Rules for use of company IT systems and security requirements
8. Ethics Guidelines: Company code of conduct and ethical standards
9. Travel Policy: Details of business travel regulations and expense policies
10. Remote Work Guidelines: Specific rules and requirements for remote work arrangements
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Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Retail
Professional Services
Education
Construction
Telecommunications
Automotive
Energy
Media and Entertainment
Logistics
Hospitality
Pharmaceuticals
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Production
Quality Assurance
Business Development
Compliance
Strategy
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Software Developer
Sales Representative
Marketing Specialist
Financial Analyst
Human Resources Manager
Operations Manager
Research Scientist
Administrative Assistant
Customer Service Representative
Technical Support Specialist
Product Manager
Business Analyst
Account Manager
Legal Counsel
Production Supervisor
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