This Salesperson Employment Contract is essential for companies hiring sales professionals in Germany, providing a legally compliant framework under German employment law. The document should be used when engaging sales professionals in any capacity where they will be responsible for direct sales activities, customer relationship management, or business development. It incorporates mandatory provisions required by German labor law while addressing sales-specific elements such as commission structures, sales territories, and performance targets. The contract ensures compliance with the German Civil Code (BGB), Commercial Code (HGB), and other relevant employment regulations, making it suitable for both German companies and international organizations operating in Germany.
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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 in the contract, including sales-specific terminology
4. Position and Duties: Detailed description of the sales role, responsibilities, and reporting structure
5. Term and Probationary Period: Duration of employment and initial probationary period details
6. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location
7. Remuneration: Base salary, commission structure, and payment terms
8. Sales Targets and Performance Metrics: Definition of sales targets, KPIs, and performance evaluation criteria
9. Benefits and Expenses: Additional benefits, expense policies, and reimbursement procedures
10. Leave Entitlement: Vacation days, public holidays, and other leave provisions
11. Confidentiality: Protection of company secrets and confidential information
12. Data Protection: GDPR compliance and handling of personal data
13. Non-Competition: Post-employment competition restrictions as per HGB requirements
14. Termination: Notice periods and termination procedures
15. Governing Law: Confirmation of German law application and jurisdiction
1. Company Car: Terms for provision and use of a company car, if applicable
2. International Travel: Include if role requires regular international travel
3. Home Office Arrangements: Remote working provisions if hybrid or remote work is permitted
4. Team Leadership: Include if the role involves managing other sales staff
5. Stock Options/Equity: Include if company offers equity compensation
6. Special Bonus Schemes: Additional bonus programs beyond standard commission
7. Training Requirements: Specific training obligations and certifications if required
8. Customer Handover: Procedures for customer transition upon employment termination
1. Schedule 1: Commission Structure: Detailed breakdown of commission calculations and payment terms
2. Schedule 2: Sales Territory: Definition of assigned sales territory or customer segments
3. Schedule 3: Benefits Package: Detailed description of all benefits and eligibility conditions
4. Schedule 4: Expense Policy: Comprehensive expense guidelines and reimbursement procedures
5. Schedule 5: Company Policies: Reference to relevant company policies and procedures
6. Appendix A: Data Protection Notice: Detailed GDPR-compliant data protection information
7. Appendix B: Company Car Policy: Detailed rules for company car usage if applicable
8. Appendix C: Sales Targets: Specific sales targets and calculation methodologies
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