The Definite Employment Contract is a fundamental document used in German employment relationships where a fixed-term employment arrangement is desired and legally permissible. This contract type is specifically regulated under German law, particularly through the Part-Time and Fixed-Term Employment Act (TzBfG), which requires objective justification for fixed-term employment in most cases. The document is essential for temporary projects, interim positions, or other situations where employment is intended for a specific duration. It must include all mandatory elements required by German labor law, including specific start and end dates, detailed working conditions, and compensation terms. The contract serves both as a legal compliance document and as a clear framework for the employment relationship, protecting both employer and employee interests while ensuring adherence to German employment regulations.
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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 reason for the fixed-term contract (required under TzBfG)
3. Definitions: Key terms used throughout the contract
4. Term of Employment: Start date, end date, and justification for the fixed term as required by German law
5. Position and Duties: Job title, role description, and primary responsibilities
6. Place of Work: Primary workplace location and any mobility requirements
7. Working Hours: Regular working hours, break times, and overtime provisions in compliance with ArbZG
8. Remuneration: Base salary, payment schedule, and any guaranteed bonuses
9. Leave Entitlement: Annual leave, public holidays, and other time off rights
10. Illness and Incapacity: Sick pay entitlements and notification requirements
11. Confidentiality: Protection of company secrets and confidential information
12. Data Protection: Handling of personal data under GDPR and German data protection laws
13. Notice Period: Notice requirements for early termination if permitted
14. Governing Law: Confirmation of German law application and jurisdiction
15. Entire Agreement: Integration clause and relationship to collective agreements if applicable
1. Probationary Period: Include when a probationary period is desired, maximum 6 months under German law
2. Company Car: Include when a company car is provided, specifying terms of use
3. Variable Compensation: Include when bonus schemes or commission structures apply
4. Post-contractual Non-compete: Include when a post-contractual non-compete is required, noting mandatory compensation requirements
5. International Travel: Include when position requires international travel
6. Training Obligations: Include when specific training requirements or repayment provisions apply
7. Remote Work: Include when remote work arrangements are permitted
8. Additional Employment: Include when restrictions on secondary employment are needed
9. Intellectual Property: Include for positions involving creative or inventive work
10. Stock Options/Benefits: Include when equity compensation is offered
1. Job Description: Detailed description of role, responsibilities, and reporting structure
2. Compensation Details: Breakdown of salary components and benefits
3. Company Policies: Reference to applicable company policies and procedures
4. Data Privacy Notice: Detailed information about personal data processing
5. Company Car Policy: If applicable, detailed terms of company car usage
6. Bonus Scheme Rules: If applicable, detailed variable compensation rules
7. IT and Communications Policy: Rules regarding use of company IT systems and equipment
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Retail
Professional Services
Education
Construction
Hospitality
Media and Entertainment
Logistics
Automotive
Energy
Telecommunications
Agriculture
Pharmaceutical
Real Estate
Non-Profit
Relevant Teams
Human Resources
Legal
Finance
Operations
Administration
Compliance
Talent Acquisition
Employee Relations
Compensation and Benefits
Executive Leadership
Relevant Roles
Project Manager
Software Developer
Research Scientist
Marketing Specialist
Financial Analyst
HR Coordinator
Sales Representative
Operations Manager
Teacher
Construction Supervisor
Medical Professional
Legal Counsel
Account Manager
Design Engineer
Product Manager
Administrative Assistant
Customer Service Representative
Business Development Manager
Data Analyst
Technical Consultant
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