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Pre Hire Agreement for Germany

Pre Hire Agreement Template for Germany

A Pre-Hire Agreement under German law establishes the preliminary framework and conditions between a potential employer and candidate before formal employment begins. This document outlines pre-employment obligations, confidentiality requirements, and data protection measures in accordance with German labor law and GDPR requirements. It includes specific conditions that must be met before employment commences, while clearly distinguishing itself from an actual employment contract. The agreement provides legal protection for both parties during the pre-employment phase while ensuring compliance with German regulatory requirements and industry-specific standards.

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What is a Pre Hire Agreement?

The Pre-Hire Agreement serves as a crucial legal framework in German employment contexts where there is a need to establish clear terms and conditions before formal employment begins. This document is particularly valuable when there are specific pre-employment requirements, such as background checks, work permits, or professional certifications that need to be obtained. It protects both employer and candidate interests during the pre-employment phase by clearly defining confidentiality obligations, data protection requirements, and any preliminary commitments. The agreement ensures compliance with German labor law, including the Civil Code (BGB), General Equal Treatment Act (AGG), and data protection regulations (GDPR and BDSG). It's commonly used for senior positions, regulated industries, or situations where significant preparation is required before employment can commence.

What sections should be included in a Pre Hire Agreement?

1. Parties: Identification of the potential employer and the potential employee

2. Background: Context of the pre-hire agreement, including the intended position and general purpose

3. Definitions: Key terms used throughout the agreement

4. Duration and Purpose: Term of the pre-hire agreement and its specific objectives

5. Pre-Employment Conditions: Conditions that must be met before employment commences (e.g., work permits, qualifications verification)

6. Confidentiality Obligations: Protection of confidential information exchanged during the pre-hire period

7. Data Protection: GDPR-compliant provisions regarding the handling of personal data

8. Non-Binding Nature: Clear statement that this is not an employment contract and does not guarantee employment

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

10. Entire Agreement: Standard boilerplate confirming this document represents the entire agreement regarding the pre-hire arrangement

What sections are optional to include in a Pre Hire Agreement?

1. Intellectual Property: Required when the potential employee may be exposed to or create IP during the pre-hire period

2. Expenses: Include when there may be pre-employment expenses such as travel or training

3. Non-Competition: Include when the candidate will receive sensitive competitive information during the pre-hire period

4. Background Checks: Include when specific checks or verifications are required before employment

5. Works Council Provisions: Required when works council involvement is necessary in the pre-hire process

6. Training Commitments: Include when pre-employment training is part of the arrangement

What schedules should be included in a Pre Hire Agreement?

1. Schedule 1 - Position Description: Detailed description of the intended role and responsibilities

2. Schedule 2 - Required Documentation: List of documents and certificates required from the candidate

3. Schedule 3 - Data Protection Notice: Detailed GDPR-compliant privacy notice

4. Appendix A - Conditions Precedent: Specific conditions that must be satisfied before employment can commence

5. Appendix B - Compliance Requirements: Any specific regulatory or industry compliance requirements

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

Financial Services

Technology

Manufacturing

Healthcare

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Telecommunications

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Relevant Teams

Human Resources

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Compliance

Finance

Executive Management

Operations

Research and Development

Information Technology

Sales and Marketing

Medical Affairs

Engineering

Professional Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Technical Specialist

Research Scientist

Professional Services Consultant

Legal Counsel

Compliance Officer

Senior Engineer

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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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