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Temporary Contract Template for Germany

A German-law governed temporary employment contract (befristeter Arbeitsvertrag) that establishes a fixed-term employment relationship between an employer and employee. This document complies with German employment legislation, particularly the Part-Time and Fixed-Term Employment Act (TzBfG) and related employment laws. It includes essential terms and conditions as required by the Documentation Act (NachwG), such as job duties, working hours, remuneration, leave entitlements, and the specific duration of employment. The contract incorporates necessary provisions for social security, data protection, and other statutory requirements under German law.

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What is a Temporary Contract?

This document template serves as a Temporary Contract (befristeter Arbeitsvertrag) under German law, designed for establishing fixed-term employment relationships. It is typically used when companies need to hire employees for specific projects, seasonal work, temporary replacements, or other legitimate business reasons that justify a fixed-term arrangement under the TzBfG. The contract ensures compliance with German employment legislation, including mandatory provisions regarding working hours, remuneration, leave entitlements, and social security requirements. It includes all essential terms required by the Documentation Act (NachwG) and incorporates necessary protections for both employer and employee. The document is structured to accommodate various roles and sectors while maintaining adherence to German employment law requirements, including specific provisions that must be included in fixed-term arrangements.

What sections should be included in a Temporary Contract?

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

2. Background: Brief context of the employment relationship and reason for the fixed-term contract

3. Definitions: Key terms used throughout the contract

4. Term of Employment: Specific start and end dates of the fixed-term contract and any provisions for early termination

5. Job Description and Duties: Detailed description of the role, responsibilities, and reporting relationships

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

7. Working Hours: Regular working hours, break times, and overtime provisions in accordance with ArbZG

8. Remuneration: Base salary, payment schedule, and any additional compensation elements

9. Leave Entitlement: Annual leave, public holidays, and other leave entitlements as per BUrlG

10. Illness and Continued Payment: Provisions for sick leave and continued payment as per EntgFG

11. Social Insurance: Confirmation of social security registration and contributions

12. Notice Period: Notice requirements for early termination if applicable

13. Confidentiality: Basic confidentiality obligations during and after employment

14. Data Protection: Basic provisions regarding handling of personal data under GDPR

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

What sections are optional to include in a Temporary Contract?

1. Probationary Period: Include when a probationary period is desired, typically up to 6 months

2. Remote Work: Include when allowing work from home or other locations

3. Company Property: Include when providing equipment or other company property

4. Intellectual Property: Include for roles involving creative or innovative work

5. Non-Competition: Include for senior roles or when dealing with sensitive information

6. Bonus Arrangements: Include when offering performance-based or other bonus schemes

7. Training Obligations: Include when specific training is required or provided

8. Travel Requirements: Include when regular travel is part of the role

9. Additional Employment: Include when restricting secondary employment

10. Works Council: Include when a works council exists in the company

What schedules should be included in a Temporary Contract?

1. Job Description: Detailed outline of responsibilities and requirements of the role

2. Remuneration Details: Breakdown of salary components and benefits

3. Company Policies: Reference to relevant workplace policies and procedures

4. Data Protection Notice: Detailed information about personal data processing

5. Work Equipment List: Inventory of provided work equipment if applicable

6. Working Time Documentation: Specific working hours arrangement and schedule

7. Special Agreements: Any additional terms specific to the employee

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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