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Salesperson Contract for Germany

Salesperson Contract Template for Germany

A comprehensive employment agreement governed by German law, specifically designed for sales professionals. The contract establishes the terms and conditions of employment, including sales territory assignment, commission structures, performance metrics, and target requirements. It incorporates key provisions from German employment law, including working hours regulations, leave entitlements, and social security requirements, while also addressing sales-specific aspects such as customer relationship management and commission calculations. The document ensures compliance with German labor laws while protecting both employer and employee interests in the sales relationship.

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Salesperson Contract

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What is a Salesperson Contract?

The Salesperson Contract is essential for companies operating in Germany who employ sales professionals. This document serves as a legally binding agreement that outlines the employment relationship while specifically addressing the unique aspects of sales roles, such as territory management, commission structures, and performance targets. It ensures compliance with German employment law, including the German Civil Code (BGB) and Commercial Code (HGB), particularly sections relating to commercial representatives (Handelsvertreter). The contract is typically used when hiring new sales staff or updating terms for existing sales employees, and it's structured to protect both the employer's business interests and the employee's rights under German law. The document includes detailed provisions for remuneration, working conditions, and sales-specific responsibilities while ensuring alignment with German labor regulations and data protection requirements.

What sections should be included in a Salesperson Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and the sales role

3. Definitions: Key terms used throughout the contract, including sales territory, products, and commission-related terminology

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

5. Territory and Customer Base: Definition of geographic area and/or customer segments assigned

6. Remuneration Structure: Base salary, commission structure, and payment terms

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

8. Targets and Performance Metrics: Sales targets, KPIs, and performance evaluation criteria

9. Vacation and Leave Entitlement: Annual leave, public holidays, and other time-off provisions

10. Confidentiality and Data Protection: Obligations regarding company and customer information, GDPR compliance

11. Company Property: Provisions regarding company car, laptop, phone, and other equipment

12. Notice Period and Termination: Terms for contract termination by either party

13. Post-Contractual Obligations: Non-compete and non-solicitation clauses as per German law

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

What sections are optional to include in a Salesperson Contract?

1. Probationary Period: Used when implementing an initial trial period, maximum 6 months under German law

2. International Travel: Include when role requires regular travel outside Germany

3. Team Leadership: Include when the salesperson will have management responsibilities

4. Training Requirements: Include when specific training or certifications are mandatory

5. Bonus Schemes: Include when offering additional performance-based incentives beyond standard commission

6. Stock Options: Include when offering company shares or stock options

7. Home Office Provisions: Include when allowing regular work from home arrangements

8. Customer Relationship Management: Include when specific CRM systems and processes must be followed

9. Expense Policy: Include when role involves significant business expense claims

What schedules should be included in a Salesperson Contract?

1. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

2. Sales Targets: Specific quarterly/annual targets and measurement criteria

3. Territory Map: Detailed description or map of assigned sales territory

4. Product Portfolio: List of products/services the salesperson is authorized to sell

5. Company Car Policy: Terms of company car usage including private use provisions

6. Expense Guidelines: Detailed policies for business expense claims and reimbursement

7. IT Systems Access: List of provided IT systems and usage guidelines

8. Benefits Package: Details of additional benefits including insurance and pension provisions

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

Jurisdiction

Germany

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Retail

Technology

Manufacturing

Pharmaceuticals

Financial Services

Automotive

Industrial Equipment

Consumer Goods

Software and IT

Telecommunications

Professional Services

Real Estate

Medical Devices

Construction Materials

Energy

Relevant Teams

Sales

Business Development

Commercial

Account Management

Customer Success

Revenue Operations

Field Operations

Direct Sales

Inside Sales

Channel Sales

Regional Sales

Product Sales

Enterprise Sales

Strategic Accounts

Sales Operations

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Sales Manager

Territory Sales Manager

Key Account Manager

Inside Sales Representative

Regional Sales Director

Sales Consultant

Technical Sales Specialist

Commercial Representative

Sales Engineer

Product Sales Specialist

Channel Sales Manager

Export Sales Manager

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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