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Joint Employment Agreement
"I need a Joint Employment Agreement for a software developer who will work 60% for our German IT subsidiary and 40% for our Dutch parent company, starting March 1, 2025, with special attention to cross-border working arrangements and GDPR compliance."
1. Parties: Identification of all parties: the employee and all joint employers
2. Background: Context of the joint employment arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific German legal terms
4. Term of Employment: Start date, duration (if fixed-term), and conditions for continuation
5. Role and Duties: Employee's position, responsibilities, and reporting structure to each employer
6. Place of Work: Primary workplace location(s) and any mobility requirements between employers
7. Working Time: Working hours, allocation between employers, and compliance with Arbeitszeitgesetz
8. Remuneration: Salary, benefits, and how compensation is shared between employers
9. Leave Entitlements: Holiday, sick leave, and other leave rights as per German law
10. Social Security and Insurance: Social security contributions and insurance arrangements
11. Employer Responsibilities: Division of employer obligations and liabilities
12. Confidentiality: Confidentiality obligations regarding each employer's business
13. Data Protection: GDPR compliance and data sharing between employers
14. Termination: Termination provisions compliant with German employment law
15. Governing Law: Confirmation of German law application and jurisdiction
1. Probationary Period: Include if a probationary period is desired (max 6 months under German law)
2. Non-Competition: Include if post-employment competition restrictions are required
3. Intellectual Property: Include if IP creation is part of the role
4. Company Car: Include if a company car is provided by any employer
5. Training Obligations: Include if specific training requirements exist
6. Bonus Arrangements: Include if performance-based compensation is offered
7. Works Council Relations: Include if works council exists at any employer
8. Secondary Employment: Include if restrictions on additional employment are needed
1. Schedule 1 - Job Description: Detailed description of roles and responsibilities for each employer
2. Schedule 2 - Working Time Distribution: Detailed breakdown of time allocation between employers
3. Schedule 3 - Remuneration Structure: Detailed breakdown of salary and benefits from each employer
4. Schedule 4 - Employer-Specific Policies: Key policies from each employer that apply to the employee
5. Schedule 5 - Data Processing Agreement: GDPR-compliant agreement for data sharing between employers
6. Appendix A - Contact Details: Key contact persons at each employer organization
7. Appendix B - Benefits Summary: Overview of benefits provided by each employer
Authors
Information Technology
Professional Services
Manufacturing
Financial Services
Healthcare
Telecommunications
Consulting
Research and Development
Shared Services
Media and Entertainment
Automotive
Pharmaceuticals
Human Resources
Legal
Finance
Operations
Information Technology
Research and Development
Business Development
Corporate Services
Shared Services
Project Management Office
Marketing
Product Development
Project Manager
IT Consultant
Financial Controller
HR Business Partner
Operations Manager
Research Scientist
Business Development Manager
Software Engineer
Legal Counsel
Account Manager
Product Manager
Marketing Specialist
Business Analyst
Solutions Architect
Department Head
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