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Employment Service Agreement

Employment Service Agreement Template for Germany

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Key Requirements PROMPT example:

Employment Service Agreement

"I need a German Employment Service Agreement for a Senior Sales Director position starting March 1, 2025, including provisions for variable compensation (sales bonus structure) and international travel requirements."

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Document background
The Employment Service Agreement serves as the foundational document for establishing and managing employment relationships in Germany. This document is essential when hiring new employees or formalizing existing employment relationships, ensuring compliance with German labor law requirements. It includes mandatory provisions required by the German Documentation Act (Nachweisgesetz) and addresses key aspects such as remuneration, working hours, leave entitlements, and termination terms. The agreement can be customized for various employment levels while maintaining compliance with German employment legislation, including the Civil Code (BGB), Working Hours Act (ArbZG), and Protection Against Dismissal Act (KSchG). It's particularly important as German law requires specific terms to be documented in writing, and this agreement serves as evidence of the agreed employment conditions.
Suggested Sections

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: Base salary, payment intervals, and method of payment

9. Leave Entitlement: Annual leave, public holidays, and other leave rights as per BUrlG

10. Illness and Incapacity: Sick pay entitlements and notification requirements

11. Confidentiality: Protection of company secrets and confidential information

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

13. Termination: Notice periods and termination provisions in accordance with KSchG

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

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

Optional Sections

1. Bonus and Commission: Details of variable compensation schemes, if applicable

2. Company Car: Terms of company car provision and usage, if provided

3. Mobile Work/Home Office: Provisions for remote working arrangements, if applicable

4. Non-Competition: Post-employment competition restrictions, if required (subject to strict German law requirements)

5. International Travel: Terms for international assignments or business travel, if relevant

6. Training and Development: Professional development and training commitments

7. Insurance Benefits: Additional insurance coverage provided by the employer

8. Stock Options/Share Schemes: Participation in company share programs, if offered

9. Inventions and IP Rights: Treatment of work-related inventions and intellectual property

10. Additional Benefits: Any other company-specific benefits or allowances

Suggested Schedules

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

2. Compensation Structure: Detailed breakdown of salary components and benefits

3. Company Policies: Reference to or inclusion of relevant company policies

4. Data Privacy Notice: Detailed information about personal data processing as required by GDPR

5. Company Car Policy: Detailed terms and conditions for company car usage, if applicable

6. Bonus Scheme Rules: Detailed rules and calculations for variable compensation

7. IT and Communications Policy: Rules regarding use of company IT systems and communication tools

8. Code of Conduct: Company's code of conduct and ethical guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Technology

Manufacturing

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Relevant Teams

Human Resources

Legal

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Strategy

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

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Financial Analyst

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Operations Manager

Research Scientist

Administrative Assistant

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Technical Specialist

Business Analyst

Product Manager

Account Manager

Legal Counsel

Engineer

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

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