This Unfixed Term Contract template is designed for use in establishing permanent employment relationships under German law. It serves as a comprehensive agreement between employers and employees, incorporating all essential terms required by German employment legislation, particularly the Nachweisgesetz (Documentation Act) and relevant provisions of the German Civil Code (BGB). The document should be used when hiring permanent employees in Germany, as opposed to fixed-term or temporary workers. It includes mandatory provisions regarding working hours, compensation, leave entitlements, notice periods, and data protection, while allowing for customization through optional clauses based on specific role requirements or company policies. This template ensures compliance with German labor law while providing flexibility to accommodate various industry sectors and position levels.
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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 reference to any prior agreements
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, description of role and responsibilities
5. Commencement and Duration: Start date and confirmation of permanent (unfixed term) nature of 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: Vacation entitlement and rules for requesting/taking leave
11. Sick Leave and Continued Pay: Procedures for reporting illness and sick pay entitlements
12. Notice Periods: Notice requirements for termination by either party
13. Confidentiality: Obligations regarding company secrets and confidential information
14. Data Protection: Consent and provisions for handling personal data under GDPR
15. Governing Law: Confirmation of German law application and jurisdiction
16. Signatures: Execution section for both parties
1. Bonus Arrangements: Details of any performance-related bonuses or variable compensation - include when bonus system exists
2. Company Car: Terms of company car provision and usage - include when car is provided
3. Mobile Work/Home Office: Rules and conditions for remote work - include when remote work is permitted
4. Non-Competition: Post-contractual non-compete provisions - include for senior positions or when dealing with sensitive information
5. Intellectual Property: IP rights assignment and inventions - include for creative/technical roles
6. Additional Benefits: Details of pension contributions, health insurance, or other benefits - include when offering beyond statutory minimum
7. Training Obligations: Mandatory training requirements and cost arrangements - include when specific qualifications are required
8. Travel Requirements: Business travel terms and compensation - include when regular travel is expected
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Reference to or summary of key company policies and procedures
4. Schedule 4 - Data Privacy Notice: Detailed information about personal data processing
5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
6. Appendix B - IT Usage Policy: Rules and guidelines for using company IT systems
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Professional Services
Healthcare
Retail
Education
Construction
Hospitality
Telecommunications
Automotive
Energy
Media and Entertainment
Logistics
Real Estate
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Product Development
Quality Assurance
Business Development
Strategy
Corporate Communications
Relevant Roles
Managing Director
Senior Manager
Project Manager
Software Developer
Financial Analyst
HR Manager
Marketing Manager
Sales Representative
Administrative Assistant
Operations Manager
Research Scientist
Account Manager
Product Manager
Customer Service Representative
Business Analyst
Technical Lead
Quality Assurance Specialist
Legal Counsel
Design Engineer
Data Analyst
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