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Sales Manager Employment Contract Template for Germany

A comprehensive employment agreement governed by German law, specifically designed for sales management positions. This contract establishes the terms and conditions of employment for sales managers, including base salary, commission structures, sales targets, and performance metrics. It incorporates key requirements of German labor law, including working hours, leave entitlements, and notice periods, while addressing sales-specific aspects such as territory management and client relationship responsibilities. The document ensures compliance with German employment regulations while protecting both employer and employee interests in a sales management context.

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What is a Sales Manager Employment Contract?

The Sales Manager Employment Contract is a specialized employment agreement designed for use in Germany when hiring or promoting individuals into sales management positions. This document is essential for establishing clear terms of employment while ensuring compliance with German labor laws, including the German Civil Code (BGB) and Commercial Code (HGB). It addresses crucial aspects such as base compensation, commission structures, sales targets, team management responsibilities, and territory assignments. The contract is typically used when hiring new sales managers, promoting internal candidates to management positions, or updating terms for existing sales managers. It includes specific provisions for performance measurement, client relationship management, and team leadership, while incorporating mandatory German legal requirements regarding working hours, leave entitlements, and termination notice periods.

What sections should be included in a Sales Manager Employment Contract?

1. Parties: Identification of the employer company and the 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 contract

4. Position and Duties: Detailed description of the role, responsibilities, and reporting structure

5. Duration and Probationary Period: Term of employment and initial probationary period details

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

7. Working Hours: Standard working hours, flexibility requirements, and overtime provisions

8. Remuneration: Base salary, payment intervals, and tax/social security deductions

9. Sales Targets and Commission: Structure of sales targets, commission calculations, and payment terms

10. Benefits and Expenses: Additional benefits, expense reimbursement policies, and company car provisions

11. Holiday Entitlement: Annual leave allowance and holiday booking procedures

12. Illness and Sick Pay: Sick leave notification requirements and sick pay entitlements

13. Confidentiality: Protection of company confidential information and trade secrets

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

15. Company Property: Rules regarding use and return of company equipment and materials

16. Termination: Notice periods and grounds for termination

17. Post-Termination Obligations: Continuing obligations after employment ends

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

What sections are optional to include in a Sales Manager Employment Contract?

1. Non-Competition Clause: Post-employment competition restrictions (only if compensation is provided as required by German law)

2. International Travel: Include if role requires significant international travel

3. Team Management: Include if managing direct reports is part of the role

4. Training Requirements: Include if specific qualifications or ongoing training is mandatory

5. Flexible Working: Include if allowing home office or flexible arrangements

6. Stock Options/Share Schemes: Include if offering company share participation programs

7. Additional Languages: Include if specific language skills are required

8. Inventions and IP Rights: Include if role involves product development or creative work

What schedules should be included in a Sales Manager Employment Contract?

1. Schedule 1 - Commission Structure: Detailed commission rates, calculations, and examples

2. Schedule 2 - Sales Territories: Definition of assigned sales territories and accounts

3. Schedule 3 - Company Car Policy: Terms of company car usage and maintenance

4. Schedule 4 - Bonus Scheme: Details of any additional bonus or incentive schemes

5. Schedule 5 - Benefits Package: Comprehensive list of benefits and eligibility criteria

6. Schedule 6 - IT and Communication Policy: Rules for use of company IT systems and communication tools

7. Appendix A - Job Description: Detailed description of roles and responsibilities

8. Appendix B - Data Privacy Notice: GDPR-compliant privacy notice for employee data processing

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

Sales Agreement

Sector

Sales

Cost

Free to use

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