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Co Employment Agreement for Germany

Co Employment Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates a co-employment relationship between two employer entities and an employee. The document outlines the shared responsibilities, rights, and obligations of all parties involved, ensuring compliance with German labor laws, social security regulations, and workplace safety requirements. It addresses crucial aspects such as work conditions, compensation structures, management responsibilities, and termination procedures while maintaining alignment with German employment legislation, including the German Civil Code (BGB) and relevant employment protection laws.

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What is a Co Employment Agreement?

The Co-Employment Agreement is essential in modern business arrangements where employment responsibilities are shared between two employer entities under German law. This document is typically used in situations involving professional employer organizations (PEOs), joint ventures, or collaborative business arrangements where employees work under the direction of multiple entities. The agreement ensures compliance with German labor laws while clearly defining the allocation of employer obligations, including social security contributions, workplace safety responsibilities, and management oversight. It addresses specific requirements under German employment legislation, including the German Civil Code (BGB), Social Security Code (SGB), and various worker protection laws. The document is particularly relevant in international business contexts where German entities are involved in shared employment arrangements, requiring careful consideration of local labor regulations and employee rights.

What sections should be included in a Co Employment Agreement?

1. Parties: Identification of all parties involved: Primary Employer, Co-Employer, and Employee

2. Background: Context of the co-employment arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific German legal terminology

4. Employment Status and Relationship: Clear definition of the employment relationship, roles, and responsibilities of each employer

5. Duration of Employment: Term of the co-employment arrangement, including start date and whether fixed-term or permanent

6. Work Location and Hours: Specification of workplace(s), working hours, and flexibility arrangements

7. Remuneration and Benefits: Salary, benefits, and allocation of compensation responsibilities between employers

8. Management and Supervision: Division of day-to-day management responsibilities between the employers

9. Data Protection and Confidentiality: GDPR compliance and handling of confidential information

10. Health and Safety: Allocation of workplace safety responsibilities and compliance with ArbSchG

11. Termination: Conditions and procedures for termination by any party

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

13. Signatures: Execution blocks for all parties

What sections are optional to include in a Co Employment Agreement?

1. Works Council Provisions: Required if either employer has a works council, addressing consultation and participation rights

2. International Assignments: Include for cross-border co-employment arrangements

3. Intellectual Property Rights: Necessary when employee's work involves creation of IP

4. Non-Competition: Include when restricting employee's ability to work for competitors

5. Training and Development: Include when specific training requirements or development programs are part of the arrangement

6. Employee Inventions: Required when employee's role involves potential inventions or innovations

7. Company Car: Include if a company car is provided, specifying which employer is responsible

8. Social Security Splitting: Include when social security contributions are split between employers

What schedules should be included in a Co Employment Agreement?

1. Schedule 1 - Job Description: Detailed description of employee's role, responsibilities, and reporting lines

2. Schedule 2 - Compensation Structure: Detailed breakdown of salary, benefits, and allocation between employers

3. Schedule 3 - Company Policies: Applicable policies from both employers

4. Schedule 4 - Data Processing Agreement: GDPR-compliant agreement for handling personal data

5. Schedule 5 - Work Equipment: List of provided equipment and responsible employer

6. Appendix A - Contact Details: Key contacts at both employers for various purposes

7. Appendix B - Performance Metrics: KPIs and performance evaluation criteria

8. Appendix C - Benefits Summary: Detailed overview of all benefits and provider responsibilities

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

Information Technology

Manufacturing

Professional Services

Financial Services

Healthcare

Consulting

Engineering

Research and Development

Telecommunications

Automotive

Retail

Energy

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Operations

Global Mobility

Employee Relations

Talent Acquisition

Risk Management

International Operations

Corporate Affairs

Relevant Roles

HR Director

Legal Counsel

Compliance Officer

HR Manager

Employment Law Specialist

Corporate Lawyer

HR Business Partner

Operations Manager

Project Manager

Chief Human Resources Officer

International HR Specialist

Talent Acquisition Manager

Employee Relations Manager

Global Mobility Manager

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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