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Foreign Employment Contract for Germany

Foreign Employment Contract Template for Germany

A comprehensive employment agreement governed by German law, specifically designed for hiring foreign nationals to work in Germany. This contract ensures compliance with German labor laws, including the Nachweisgesetz (Evidence Act), while addressing specific requirements for foreign workers such as work permit conditions, social security arrangements, and international aspects of the employment relationship. The document incorporates mandatory German employment provisions regarding working hours, leave entitlements, and social benefits, while also covering special considerations for international employees such as relocation support and language requirements.

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Foreign Employment Contract

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What is a Foreign Employment Contract?

The Foreign Employment Contract is essential for German companies hiring employees from abroad, ensuring compliance with both German employment law and immigration requirements. This document should be used when establishing formal employment relationships with foreign nationals who will work in Germany, whether remotely or on-site. It incorporates all mandatory provisions required by German labor law, including those specified in the Bürgerliches Gesetzbuch (German Civil Code) and Nachweisgesetz (Evidence Act), while addressing specific needs of international employment such as work permit requirements, relocation terms, and cross-border considerations. The contract serves as a crucial legal framework that protects both employer and employee interests while ensuring compliance with German workplace regulations, social security requirements, and tax obligations.

What sections should be included in a Foreign Employment Contract?

1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers

2. Background: Context of the employment relationship, including the basis for foreign employment

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, responsibilities, and reporting relationships

5. Place of Work: Primary workplace location, any mobility requirements, and work permit details

6. Duration of Employment: Start date, type of contract (fixed-term/permanent), and if applicable, end date

7. Working Hours: Regular working hours, overtime provisions, and rest periods in accordance with German law

8. Remuneration: Base salary, payment schedule, currency, and method of payment

9. Benefits: Mandatory benefits under German law including health insurance, pension, and social security arrangements

10. Leave Entitlements: Annual leave, public holidays, sick leave, and other statutory leave rights

11. Probationary Period: Length and terms of the probationary period

12. Notice Period: Notice requirements for termination by either party

13. Confidentiality: Obligations regarding company information and trade secrets

14. Data Protection: Handling of personal data in accordance with GDPR and German data protection laws

15. Governing Law: Confirmation of German law as governing law and jurisdiction

What sections are optional to include in a Foreign Employment Contract?

1. Relocation Assistance: Terms of relocation support, used when the employer provides moving assistance

2. Language Requirements: Language proficiency requirements and any language training support, used when specific language skills are essential

3. International Travel: Terms for business travel and international assignments, used for roles requiring frequent travel

4. Housing Allowance: Terms of housing support, used when accommodation assistance is provided

5. Tax Equalization: Tax treatment and any equalization policies, used for senior expatriate positions

6. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used for senior positions or roles with access to sensitive information

7. Training Requirements: Specific training or qualification requirements, used when professional development is mandatory

8. Bonus Arrangements: Performance-related pay or bonus schemes, used when variable compensation is offered

9. Company Car: Vehicle provision terms, used when a company car is provided

10. Home Office Arrangements: Remote working terms and conditions, used when home office work is permitted

What schedules should be included in a Foreign Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and allowances

3. Schedule 3 - Company Policies: Key company policies applicable to the employment relationship

4. Schedule 4 - Work Permit Requirements: Documentation requirements and conditions for maintaining valid work authorization

5. Schedule 5 - Benefits Summary: Detailed description of all benefits and insurance coverage

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT and Communications Policy: Rules regarding use of company IT systems and communication tools

8. Appendix C - Health and Safety Guidelines: Workplace safety requirements and procedures

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions



































Clauses




































Relevant Industries

Technology

Manufacturing

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Human Resources

Legal

Finance

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Global Mobility

Talent Acquisition

Compensation and Benefits

Compliance

International Operations

Employee Relations

Relevant Roles

Software Developer

Project Manager

Research Scientist

Financial Analyst

Engineering Manager

Marketing Director

Product Manager

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Data Scientist

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HR Specialist

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Consulting Manager

Senior Engineer

Academic Researcher

Medical Professional

Executive Position

Department Head

Specialist Role

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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