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Probation Employment Contract for Germany

Probation Employment Contract Template for Germany

This document is a comprehensive employment contract governed by German law, specifically designed for the probationary period of employment. It complies with German labor regulations, including the German Civil Code (BGB) and the Documentation Act (Nachweisgesetz), incorporating mandatory provisions regarding probation periods (maximum 6 months), notice periods, working hours, and essential employment terms. The contract establishes the initial employment relationship, outlining the evaluation criteria, terms and conditions, and rights and obligations of both parties during the probationary period, while ensuring compliance with German employment protection legislation.

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What is a Probation Employment Contract?

The Probation Employment Contract is a crucial document used when initiating new employment relationships under German law. It serves as the primary agreement between an employer and a new employee during the initial probationary period, which cannot exceed 6 months under German legislation. This document is essential for companies operating in Germany who wish to evaluate new hires before confirming permanent employment. The contract must comply with various German labor laws, including the German Civil Code (BGB), Documentation Act (Nachweisgesetz), and relevant employment protection legislation. It typically includes detailed terms regarding the position, duties, evaluation criteria, notice periods (which can be as short as two weeks during probation), and other essential employment conditions. The document provides legal protection for both parties while establishing clear expectations and requirements during the probationary period.

What sections should be included in a Probation Employment Contract?

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 probationary contract

3. Definitions: Key terms used throughout the contract

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

5. Probationary Period: Duration of probation period (maximum 6 months under German law) and evaluation criteria

6. Commencement and Duration: Start date and intended duration of employment

7. Working Hours and Location: Regular working hours, work location, and flexibility requirements

8. Remuneration: Salary, payment schedule, and any additional benefits

9. Leave Entitlement: Annual leave, public holidays, and other leave provisions

10. Sick Pay: Provisions for continued payment during illness

11. Notice Period: Notice requirements during and after probation period

12. Confidentiality: Obligations regarding company information and trade secrets

13. Data Protection: Handling of personal data in compliance with GDPR

14. Governing Law: Specification of German law as governing law

What sections are optional to include in a Probation Employment Contract?

1. Overtime Arrangements: Include when position may require regular overtime work

2. Company Car: Include when a company car is provided as part of the employment package

3. Non-Competition: Include for positions with access to sensitive information or client relationships

4. Bonus Scheme: Include when performance-related bonuses are part of the compensation package

5. Training Requirements: Include when specific training or qualifications are required during probation

6. Work Equipment: Include when providing specific tools, laptop, phone, etc.

7. Travel Requirements: Include when position involves regular business travel

8. Flexible Working: Include when offering remote work or flexible hours options

What schedules should be included in a Probation Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting structure

2. Schedule 2 - Company Policies: Reference to applicable company policies and procedures

3. Schedule 3 - Benefits Package: Detailed description of all benefits and eligibility criteria

4. Schedule 4 - Performance Metrics: Specific targets and evaluation criteria for the probation period

5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

6. Appendix B - IT Policy: Rules and guidelines for use of company IT systems

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

Jurisdiction

Germany

Document Type

Employment Contract

Cost

Free to use

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