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New Employment Contract Template for Germany

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Key Requirements PROMPT example:

New Employment Contract

"I need a New Employment Contract under German law for a senior software developer position in our Berlin office, starting March 1, 2025, including remote work provisions and stock option plans."

Document background
This New Employment Contract template is designed for use when establishing new employment relationships under German law. It serves as the foundational document that defines the rights, obligations, and terms of employment between an employer and a new employee in Germany. The contract incorporates all essential working conditions (wesentliche Arbeitsbedingungen) as required by German labor law, including the Documentation Act (Nachweisgesetz), and ensures compliance with various German employment regulations such as the Civil Code (BGB), Working Hours Act, and data protection requirements under GDPR. It is particularly important as German law requires written documentation of key employment terms, and this contract fulfills that legal obligation while providing clear guidelines for the ongoing employment relationship.
Suggested Sections

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

2. Background: Brief context of the employment relationship and basis for 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. Place of Work: Primary workplace location and any mobility requirements

8. Working Hours: Regular working hours, break times, and overtime arrangements

9. Remuneration: Base salary, payment schedule, and any guaranteed bonuses

10. Leave Entitlement: Annual leave, public holidays, and other time off provisions

11. Sick Pay: Sick leave and continued payment of wages during illness

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

13. Confidentiality: Protection of company secrets and confidential information

14. Data Protection: Processing of employee personal data and GDPR compliance

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

Optional Sections

1. Remote Work: Terms for working from home or other locations, used when remote work is permitted

2. Company Car: Terms of company car provision and usage, included when a company car is provided

3. Variable Compensation: Details of bonus schemes or commission structures, used for performance-based pay

4. Stock Options: Terms of any share or option schemes, included for companies offering equity compensation

5. Non-Competition: Post-employment competition restrictions, used when required for sensitive positions

6. Intellectual Property: IP rights assignment, used for creative or technical roles

7. Training Requirements: Mandatory training and development obligations, used for regulated positions

8. International Travel: Terms for business travel abroad, included for roles requiring international work

9. Additional Benefits: Details of pension schemes, health insurance, or other benefits

10. Flexible Working: Terms for flexible working arrangements, used when offering flexible hours

Suggested Schedules

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 applicable workplace policies and procedures

4. Data Privacy Notice: Detailed information about personal data processing

5. Code of Conduct: Company's ethical guidelines and expected behavior

6. Bonus Scheme Rules: Detailed terms of any variable compensation programs

7. IT Usage Policy: Rules for using company IT systems and equipment

Authors

Alex Denne

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

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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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