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The Provisional Contract of Employment is a specialized employment agreement used in Germany when companies need to establish temporary employment relationships for legally justified reasons. This document is particularly relevant for project-based work, temporary replacements, or when specific funding or business circumstances require a fixed-term arrangement. It must comply with the strict requirements of German employment law, particularly the TzBfG, which requires specific justification for fixed-term contracts beyond a two-year duration. The contract includes all essential employment terms required by German law while clearly defining the temporary nature of the employment relationship, making it suitable for various business contexts while maintaining legal compliance.

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and reason for the provisional nature of the contract

3. Definitions: Key terms used throughout the contract

4. Term of Employment: Start date, end date, and specific grounds for the fixed term according to TzBfG

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

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

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

8. Remuneration: Salary, payment schedule, and any additional benefits

9. Vacation Entitlement: Annual leave allowance as per BUrlG and public holiday provisions

10. Sick Pay: Sick leave and continued payment provisions according to EntgFG

11. Probationary Period: Length of probationary period and associated notice periods

12. Notice Periods: Notice requirements for termination before the fixed term ends

13. Confidentiality: Obligations regarding company secrets and confidential information

14. Data Protection: Handling of personal data in accordance with GDPR/DSGVO

15. Governing Law: Confirmation that German law applies and jurisdiction details