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Outside Employment Agreement Template for Germany

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Key Requirements PROMPT example:

Outside Employment Agreement

"I need an Outside Employment Agreement under German law for a senior software developer who wants to provide consulting services for up to 10 hours per week, with specific focus on protecting our intellectual property and client relationships."

Document background
The Outside Employment Agreement is essential in modern German workplace environments where employees increasingly seek opportunities for professional development, consulting, or additional income through secondary employment. This document is typically used when an employee requests permission to engage in professional activities outside their primary employment, such as consulting, teaching, or freelance work. The agreement ensures compliance with German labor law requirements while protecting the primary employer's interests. It covers crucial aspects including working time regulations, confidentiality, data protection, and conflict of interest prevention. The document is particularly relevant in knowledge-intensive industries and professional services sectors where employees' expertise might be valuable to other organizations. It helps establish clear boundaries and expectations while maintaining compliance with German employment law requirements and industry-specific regulations.
Suggested Sections

1. Parties: Identification of the primary employer and the employee

2. Background: Context of the employment relationship and reason for the outside employment agreement

3. Definitions: Key terms used in the agreement, including 'Outside Employment', 'Working Hours', 'Confidential Information'

4. Scope of Permission: Details of the permitted outside employment activities, including nature of work and time commitment

5. Working Time Compliance: Provisions ensuring compliance with German Working Hours Act (ArbZG) including maximum working hours and rest periods

6. Notification Requirements: Employee's obligations to inform about changes in outside employment circumstances

7. Conflict of Interest Provisions: Prevention and handling of potential conflicts between primary and secondary employment

8. Confidentiality Obligations: Protection of confidential information of both employers

9. Data Protection: Compliance with GDPR and German data protection requirements

10. Duration and Termination: Term of the agreement and conditions for withdrawal of permission

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

Optional Sections

1. Non-Competition: Additional competition restrictions, used when specific competitive concerns exist

2. Regulatory Compliance: For regulated industries or professions requiring specific compliance measures

3. Works Council Approval: Reference to works council involvement, required when works council exists and has co-determination rights

4. Insurance Requirements: Additional insurance obligations for specific types of outside work

5. Public Service Provisions: Special provisions for public sector employees subject to BBG

6. Compensation Reporting: Requirements for reporting outside income, particularly relevant for public sector or regulated industries

7. Client Protection: Additional provisions protecting primary employer's client relationships, used in client-facing roles

Suggested Schedules

1. Description of Outside Employment: Detailed description of approved secondary employment activities

2. Time Recording Template: Template for documenting hours worked in outside employment

3. Conflict Check Questionnaire: Form for periodic conflict of interest assessments

4. Data Protection Declaration: Specific consents and acknowledgments regarding data protection

5. Regulatory Compliance Checklist: Checklist ensuring compliance with relevant regulations and internal policies

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

Relevant legal definitions

























Clauses






















Relevant Industries

Technology

Education

Healthcare

Financial Services

Consulting

Research and Development

Professional Services

Public Sector

Media and Entertainment

Engineering

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Risk Management

Professional Development

Corporate Governance

Personnel Administration

Relevant Roles

Software Developer

Medical Doctor

University Professor

Financial Analyst

Management Consultant

Research Scientist

Legal Counsel

Technical Expert

Project Manager

Industry Specialist

Senior Engineer

Business Analyst

Training Specialist

Creative Director

Technical Architect

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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