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Guaranteed Employment Contract Template for Germany

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Key Requirements PROMPT example:

Guaranteed Employment Contract

"I need a Guaranteed Employment Contract for a Senior Software Architect position in our Munich office, with a three-year guarantee period starting March 1, 2025, including specific provisions for remote work and intellectual property protection for software developments."

Document background
The Guaranteed Employment Contract is specifically designed for situations where both employer and employee seek to establish a secure, fixed-term employment relationship under German law. This contract type is particularly relevant when companies need to attract and retain key personnel, specialists, or executives by offering enhanced job security. The document incorporates mandatory provisions from German employment legislation, including the Civil Code (BGB), Protection Against Dismissal Act (KSchG), and various other employment regulations. It provides comprehensive details about employment terms, remuneration, benefits, and specifically includes guarantees regarding the duration of employment and conditions under which the contract can be terminated. These contracts are often used in strategic hires, project-critical roles, or when securing specialized talent in competitive markets.
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 purpose of the agreement

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, responsibilities, and reporting structure

5. Commencement and Duration: Start date and term of employment (guaranteed period)

6. Place of Work: Primary workplace location and any mobility requirements

7. Working Hours: Regular working hours, break times, and overtime arrangements in compliance with ArbZG

8. Remuneration: Base salary, payment intervals, and method of payment

9. Benefits: Statutory and contractual benefits including health insurance, pension, and other social security benefits

10. Leave Entitlement: Annual leave, public holidays, and other types of leave as per BUrlG

11. Sick Pay: Sick leave and continued payment provisions under EntgFG

12. Notice Period: Notice requirements for termination after the guaranteed period

13. Confidentiality: Obligations regarding company secrets and confidential information

14. Data Protection: GDPR compliance and handling of personal data

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

Optional Sections

1. Probationary Period: Include if a probationary period applies within the guaranteed term

2. Bonus Arrangements: Include if performance-related bonuses or commission structures apply

3. Company Car: Include if a company car or car allowance is provided

4. Non-Competition: Include post-contractual non-compete provisions if required (subject to statutory compensation requirements)

5. Intellectual Property: Include for roles involving creative or innovative work

6. Training Requirements: Include if specific training or qualifications are required

7. Remote Working: Include if remote work arrangements are permitted

8. International Travel: Include if the role requires international travel

9. Collective Agreements: Include if any collective bargaining agreements apply

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Detailed breakdown of salary components, benefits, and bonus calculations

3. Schedule 3 - Company Policies: Reference to or inclusion of relevant company policies and procedures

4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing as required by GDPR

5. Schedule 5 - Benefits Package: Detailed description of all benefits and eligibility conditions

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Policy: Guidelines for use of company IT systems and equipment

Authors

Alex Denne

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

Relevant legal definitions

































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Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Pharmaceuticals

Engineering

Construction

Education

Research and Development

Automotive

Energy

Telecommunications

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Research & Development

Operations

Information Technology

Sales

Engineering

Product Development

Manufacturing

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Project Manager

Senior Software Engineer

Research Scientist

Department Head

Technical Specialist

Senior Consultant

Production Manager

Key Account Manager

Principal Engineer

Research Director

Operations Manager

Executive Director

Division Head

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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