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The Employer And Employee Agreement is a fundamental legal document used in Germany to establish and regulate the employment relationship between an employer and an employee. This agreement is essential for any employment relationship in Germany and must comply with various German labor laws, including the Civil Code (BGB), Working Hours Act (ArbZG), and Federal Leave Act (BUrlG). The document serves as a comprehensive record of employment terms, including role responsibilities, compensation, working hours, leave entitlements, and termination provisions. It must meet the documentation requirements set forth in the Nachweisgesetz (Documentation Act) and incorporate mandatory employee protections under German law.

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 agreement

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

5. Commencement and Duration: Start date, probationary period if applicable, and type of contract (fixed-term or indefinite)

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

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

8. Remuneration: Salary, payment schedule, bonus arrangements, and other benefits

9. Holidays and Vacation: Annual leave entitlement, public holidays, and vacation scheduling process

10. Sick Leave and Continued Payment: Sick leave provisions and salary continuation during illness

11. Confidentiality: Obligations regarding company secrets and confidential information

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

13. Termination: Notice periods, grounds for termination, and procedural requirements

14. Post-Termination Obligations: Return of company property and continuing obligations

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

16. Severability: Standard clause ensuring remainder of contract remains valid if parts are found invalid