The Job Employment Contract is a fundamental legal document required for all employment relationships in Germany. It serves as the primary agreement defining the terms and conditions of employment between an employer and employee, ensuring compliance with German labor laws including the Civil Code (BGB), Working Hours Act (ArbZG), and Federal Leave Act (BUrlG). This document is mandatory for all new hires and should be provided to the employee within one month of employment commencement, as per the Documentation Act. It includes essential information about the position, compensation, working hours, leave entitlements, and other terms required by German law, while also addressing modern workplace considerations such as data protection under GDPR and potential remote working arrangements.
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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 contract
4. Position and Duties: Job title, role description, and primary responsibilities
5. Commencement and Duration: Start date and type of contract (fixed-term or permanent)
6. Probationary Period: Length and terms of the initial probationary period
7. Working Hours and Location: Regular working hours, work location, and flexibility provisions
8. Remuneration: Base salary, payment schedule, and any guaranteed bonuses
9. Leave Entitlement: Annual leave, public holidays, and other leave provisions
10. Sick Pay: Terms for continued payment during illness
11. Social Security and Insurance: Mandatory social security contributions and insurance coverage
12. Confidentiality: Protection of company confidential information
13. Data Protection: GDPR compliance and handling of personal data
14. Notice Period: Notice requirements for termination by either party
15. Governing Law: Specification of German law as governing law
1. Variable Compensation: Details of bonus schemes, commission structures, or performance-related pay - include when role has variable compensation components
2. Company Car: Terms of company car provision and usage - include when a company car is provided
3. Mobile Work Provisions: Rules and conditions for remote work - include when remote work is permitted
4. Non-Competition: Post-employment competition restrictions - include for senior positions or when dealing with sensitive information
5. Inventions and IP Rights: Assignment of intellectual property - include for technical or creative roles
6. Training Requirements: Mandatory training and development obligations - include when specific qualifications or training are required
7. Travel Requirements: Business travel expectations and compensation - include when role involves regular travel
8. Stock Options/Share Schemes: Participation in company share programs - include when equity compensation is offered
1. Schedule 1 - Job Description: Detailed description of role responsibilities and requirements
2. Schedule 2 - Compensation Details: Breakdown of all compensation components and payment terms
3. Schedule 3 - Company Policies: Reference to or inclusion of relevant company policies
4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing
5. Schedule 5 - Company Equipment: List of company equipment provided to employee
6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
7. Appendix B - IT Security Policy: Rules and procedures for IT system usage
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