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Joint Employment Agreement Template for Germany

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Key Requirements PROMPT example:

Joint Employment Agreement

"I need a Joint Employment Agreement for a software developer who will work 60% for our German IT subsidiary and 40% for our Dutch parent company, starting March 1, 2025, with special attention to cross-border working arrangements and GDPR compliance."

Document background
The Joint Employment Agreement is designed for use in situations where an employee will be working for multiple employer entities within Germany. This arrangement is common in corporate groups, shared service centers, or matrix organizations where employees need to serve multiple affiliated companies. The agreement ensures compliance with German employment law while clearly defining the rights and obligations of all parties involved. It includes essential provisions required by German law such as working hours, leave entitlements, and social security arrangements, while also addressing the complexity of multiple employer relationships. This document is particularly relevant for international organizations operating in Germany or German corporate groups wanting to implement flexible employment structures while maintaining legal compliance.
Suggested Sections

1. Parties: Identification of all parties: the employee and all joint employers

2. Background: Context of the joint employment arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific German legal terms

4. Term of Employment: Start date, duration (if fixed-term), and conditions for continuation

5. Role and Duties: Employee's position, responsibilities, and reporting structure to each employer

6. Place of Work: Primary workplace location(s) and any mobility requirements between employers

7. Working Time: Working hours, allocation between employers, and compliance with Arbeitszeitgesetz

8. Remuneration: Salary, benefits, and how compensation is shared between employers

9. Leave Entitlements: Holiday, sick leave, and other leave rights as per German law

10. Social Security and Insurance: Social security contributions and insurance arrangements

11. Employer Responsibilities: Division of employer obligations and liabilities

12. Confidentiality: Confidentiality obligations regarding each employer's business

13. Data Protection: GDPR compliance and data sharing between employers

14. Termination: Termination provisions compliant with German employment law

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

Optional Sections

1. Probationary Period: Include if a probationary period is desired (max 6 months under German law)

2. Non-Competition: Include if post-employment competition restrictions are required

3. Intellectual Property: Include if IP creation is part of the role

4. Company Car: Include if a company car is provided by any employer

5. Training Obligations: Include if specific training requirements exist

6. Bonus Arrangements: Include if performance-based compensation is offered

7. Works Council Relations: Include if works council exists at any employer

8. Secondary Employment: Include if restrictions on additional employment are needed

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of roles and responsibilities for each employer

2. Schedule 2 - Working Time Distribution: Detailed breakdown of time allocation between employers

3. Schedule 3 - Remuneration Structure: Detailed breakdown of salary and benefits from each employer

4. Schedule 4 - Employer-Specific Policies: Key policies from each employer that apply to the employee

5. Schedule 5 - Data Processing Agreement: GDPR-compliant agreement for data sharing between employers

6. Appendix A - Contact Details: Key contact persons at each employer organization

7. Appendix B - Benefits Summary: Overview of benefits provided by each employer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Information Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Telecommunications

Consulting

Research and Development

Shared Services

Media and Entertainment

Automotive

Pharmaceuticals

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Research and Development

Business Development

Corporate Services

Shared Services

Project Management Office

Marketing

Product Development

Relevant Roles

Project Manager

IT Consultant

Financial Controller

HR Business Partner

Operations Manager

Research Scientist

Business Development Manager

Software Engineer

Legal Counsel

Account Manager

Product Manager

Marketing Specialist

Business Analyst

Solutions Architect

Department Head

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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