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Individual Work Contract for Germany

Individual Work Contract Template for Germany

A comprehensive employment agreement that establishes the terms and conditions of employment between an employer and an individual employee under German law. This contract complies with German labor legislation, including the German Civil Code (BGB), the Documentation of Essential Working Conditions Act (Nachweisgesetz), and other relevant employment laws. It covers essential elements such as job responsibilities, working hours, remuneration, benefits, leave entitlements, notice periods, and data protection provisions, while ensuring alignment with German employment standards and worker protection requirements.

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Individual Work Contract

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What is a Individual Work Contract?

The Individual Work Contract (Arbeitsvertrag) is a mandatory document under German law for establishing an employment relationship between an employer and an employee. It must be provided in writing within one month of employment commencement, as required by the Documentation of Essential Working Conditions Act (Nachweisgesetz). This document is used when hiring new employees or formalizing existing employment relationships in Germany, ensuring compliance with German labor laws, including the German Civil Code (BGB), Working Hours Act, and Federal Leave Act. It serves as the primary reference point for both parties regarding their rights, obligations, and terms of employment, while providing legal certainty and protection for both employer and employee.

What sections should be included in a Individual Work Contract?

1. Parties: Identification of 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, description of role and responsibilities

5. Start Date and Duration: Commencement date and whether fixed-term or permanent contract

6. Probationary Period: Length of probationary period and applicable notice periods during this time

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 intervals, and method of payment

10. Annual Leave: Annual vacation entitlement and rules for requesting/taking leave

11. Sick Pay: Provisions for continued payment during illness

12. Notice Periods: Notice periods for termination by either party

13. Confidentiality: Obligations regarding company secrets and confidential information

14. Data Protection: Handling of employee personal data under GDPR

15. Governing Law: Confirmation of German law application

16. Signatures: Execution section for both parties

What sections are optional to include in a Individual Work Contract?

1. Bonus Arrangements: Include when performance-related bonuses or commission structures apply

2. Company Car: Include when a company car is provided as part of the employment package

3. Remote Work: Include when remote working arrangements are permitted

4. Non-Competition: Include when post-contractual non-compete obligations apply (requires compensation)

5. Additional Benefits: Include when offering pension contributions, health insurance, or other benefits

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

7. Intellectual Property: Include when employee's work involves creation of IP

8. Secondary Employment: Include when restrictions on additional employment are needed

9. Work Equipment: Include when providing specific work tools or equipment

10. Travel Provisions: Include when role requires regular business travel

What schedules should be included in a Individual Work Contract?

1. Job Description: Detailed description of role, responsibilities, and reporting structure

2. Bonus Scheme Rules: Detailed terms of any applicable bonus or commission schemes

3. Company Policies: Reference to or summary of key company policies that form part of the contract

4. Benefits Summary: Detailed description of all benefits and eligibility conditions

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

6. Company Car Policy: Terms of company car usage if applicable

7. Remote Work Policy: Detailed rules and requirements for remote working if applicable

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








































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

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