between
COMPANY NAME
Represented by FIRST NAME / SURNAME (JOB TITLE)
STREET / HOUSE NUMBER
POST CODE / CITY
(Employer)
and
FIRST NAME / SURNAME
STREET / HOUSE NUMBER
POST CODE / CITY
(Employee)
We look forward to a long and productive cooperation with you.
We expect from you the willingness to work constructively together on the basis of mutual respect and trust.
- Welcome ! -
(1) Your employment contract begins on START DATE.
(2) You will be employed as a software developer. Your activities include, for example:
- Implementation of software solutions and support of the introduction process,
- Support and participation in software development,
- Coaching and consulting clients.
(3) The Probation period runs for 6 months. During this time, you will be trained and be part of our team. Should you notice during this time that the position does not suit you, or should we notice that our expectations are not being met, both parties have the right to terminate the employment relationship in writing in accordance with §622 Paragraph 3 BGB (German Civil Code), subject to a two-week period of notice.
(4) If it is necessary, we reserve the right, within the bounds of reasonable discretion, to assign you to another reasonable activity that corresponds to your previous experience. In this case, your remuneration will not change.
(1) Your regular weekly working time will be 40 hours excluding breaks.
(2) The distribution of working time over the working days and the beginning and end of the daily working time and breaks are based on the respective specifications of the Employer.
(3) Upon request, you may also be required to work overtime and additional hours, as well in exceptional cases as weekend, Sunday and public holiday work within the legally permissible scope.
(4) As part of the projects we take on, we can be required to be available to the client by telephone at least at weekends and possibly 24 hours. You agree to be available at our request outside of regular working hours by mobile phone (on-call duty). During this time you can be at any place of your choice. If the on-call time does not exceed 20 hours per month, it is included in the remuneration.
(5) You will keep a record of the hours actually worked during on-call time and report them to us. If you have already completed your weekly working time, your hours will be counted as overtime.
(1) The company is based in CITY.
(2) You are responsible for the position of your workplace and that it is located in the Federal Republic of Germany. You are entitled to perform your work from your place of residence, i.e. in a home office or other premises outside your home office. You comply with the requirements relating to occupational health and safety and data protection. During your working hours, you must ensure your availability via the communication tools used by the Company, such as Slack and email.
(3) Your workplace must comply with the applicable occupational health and safety and data protection regulations. It is your responsibility to ensure this.
(4) Your workplace must meet the standards of a professional work environment.
This means, among other things:
- A stable Internet connection that is sufficient for collaboration and the demands of your job.
- You can work sensibly with your work equipment, such as a desk, chair, monitor and notebook.
- The workplace is sufficiently illuminated.
- You can work undisturbed and free of noise or other disturbances.
- You can carry out your work in such a way that your conversations and the information you are working on cannot be overheard or seen by third parties.
(5) On up to 2 working days per month, there will be face-to-face meetings at your place of work in Hamburg, on which your participation must be ensured. The trips to and from your place of work are purely commuting times. They are not considered business-related and are therefore not taken into account in the calculation of working hours, nor are travel costs or any overnight accommodation costs reimbursed.
(6) In the event of operational requirements, you shall continue to be obligated to visit your place of work and to work on our premises, in particular in the event of team discussions, need for substitutes, meetings or similar. The official workplace also includes attending appointments and meetings in coworking spaces rented by us and, if necessary, attending customer appointments at the customer's site. We will announce these at least 48 hours in advance. This does not affect operational emergency situations that require your immediate appearance at the workplace.
(7) We will provide you with the necessary work equipment.
(8) The work equipment provided is to be used exclusively for company purposes. Transfer to third parties, in particular family members and roommates, is not permitted. We may demand the return of the work equipment at any time for justified reasons. This applies in particular in the event of replacement of the equipment, termination or release from work.
(1) For your work performance you will receive a monthly pay of X.XXX,00 Euro gross, which will be transferred to the bank account you specify.
(2) You will usually be able to access it by the third day of the following month at the latest.
(3) Overtime, weekend, Sunday and holiday work is either compensated in free time within a period of three months or paid; please consult with your supervisor in this regard.
(4) Travel expenses incurred on business trips are reimbursed up to the maximum amounts permissible under tax law upon presentation of receipts.
(5) A legal claim to the repeated or continuous granting of additional benefits for the future is not established even after repeated unconditional payment.
(1) A voluntary, monthly special payment of €XX.00 in addition to your gross salary will be firmly agreed.
(2) There is no legal entitlement to the voluntary monthly special payment, even if it is paid on a regular basis.
(3) The voluntary monthly special payment may be discontinued at any time by giving one month's written notice.
(1) You are entitled to 30 working days of leave per calendar year. Working days are all days that are neither Saturdays nor Sundays nor public holidays at the place of work.
(2) We will try to accommodate your leave requests as far as possible, but we must also take operational concerns into account. For our leave planning, it is necessary that you inform us of your leave wishes in good time.
(3) We are required by law to ask you to take your leave during the current calendar year. If you are unable to take all your leave in the current calendar year for urgent operational or personal reasons, your leave entitlement will be retained until March 31 of the following year. Your leave entitlement expires at the end of the calendar year or on March 31 of the following year if you do not comply with the request to go on leave, although you have been enabled to actually take the holiday leave.
(4) In the year you join the company and the year you leave the company, you will receive pro rata leave.
(1) You must notify the Employer of any inability to work and its expected duration by telephone or email immediately upon becoming aware of it, prior to the time you expect to begin work. The reasons for the inability to work must be communicated, insofar as this can be required of the Employer under data protection law.
(2) If you are not able to do this yourself, you must arrange for the Employer to be informed in the same way by a third party.
(3) Before the end of the third day of inability to work, you must submit a medical certificate of inability to work. This should also indicate the expected duration of the inability to work. If the inability to work lasts longer than the specified time, you must inform the Employer immediately and submit a follow-up medical certificate without delay. The Employer may also request earlier submission of the certificate in individual cases. The Employer is entitled to shorten the deadline to the first day of inability to work.
(4) You may also be entitled to time off from work if your child, who is disabled or under the age of 12, falls ill and needs to be supervised, attended or cared for by you. In this case, you must provide us with a corresponding medical certificate. If you are no longer entitled to continued payment of wages in this case, you are generally entitled to child sickness benefit, which must be applied for from the health insurance fund (Section 45 of the German Social Security Code, Book V).
(1) You undertake to only take up another paid or unpaid activity/employment with the prior consent of the Employer.
(2) Consent may only be refused if the commencement of the secondary employment would impair operational interests.
(1) Work results
Work results are all results which you develop, create or acquire according to the corresponding instructions of the Employer, and/or which were and/or are necessary or conducive to the fulfillment of your employment contract tasks. If you have developed, created or acquired a result during working hours, it is presumed to be a work result. Work results are, in particular, software, databases, source codes, documentation, procedures, concepts, designs, sketches, drafts, preliminary studies, ideas, know-how, presentations, manuscripts, information sheets, reports, patents, instructions, pictures, photos, photo negatives, films, advertising and marketing material, trademarks, logos, word creations, construction or building plans and circuit diagrams.
(2) Rights of the Employer
Work results under paragraph (1) are due to the Employer if one or more of the following conditions are met:
a: The work product was developed in connection with a past, present or upcoming product or project.
b: The work product was developed to be used by the Employer or the Employer's client.
c: Other work results of the Employer were used to achieve the work result.
d: The work result was created under the Employer's instruction or in connection with the work for the Employer according to instructions.
(3) Assignment of the rights for open-source projects
The Employer shall assign to the Employee the entitlement to the results of the work referred to in paragraph (1), unless paragraph (2) is fulfilled, and the result is made available for public inspection and use under a free licence.
This applies regardless of which work equipment is used to achieve the work result, including work equipment provided by the Employer.
If there is any uncertainty as to whether this paragraph applies, please consult your supervisor.
(4) Transfer of rights to the Employer
You irrevocably transfer to the Employer all rights of use and exploitation of all work results in accordance with paragraphs 1, 2 and 3, exclusively, without limitation as to time, content and territory, including the unrestricted, consent-free right to modify and alter the work results as well as the right to reproduce, pass on and otherwise exploit the right of use, and grant in favour of the Employer its corresponding consent in accordance with §34 and §35 UrhG (German Copyright Act).
The transfer of rights refers to all rights of use and exploitation for all known and unknown types of use.
No further consent from you is required for the full or partial exercise of the rights under this provision. The rights of the Employee according to §31a UrhG remain unaffected. The Employer shall not be obliged to register or exploit the rights of use.
If work results that were created before you were hired are incorporated into the Employer's work results, they remain your work results. By incorporating such work results into the Employer's work results, you grant the Employer an irrevocable, fully compensated, fully comprehensive right of use and exploitation.
(5) Transfer of rights to third parties
The Employer shall be entitled, without obtaining further consent from you, to transfer all rights to which it is entitled under paragraph (4), in whole or in part, to third parties or to allow such third parties to exercise them.
(6) Settlement
The transfer to the Employer of the rights to the work results in accordance with paragraphs 1, 2 and 3 of the Employee's employment contract, as regulated in this clause, shall be compensated by the Employee's remuneration under the employment contract. This remuneration also includes successes in use and any exploitation proceeds from sales and/or licensing agreements with third parties. This applies regardless of whether a work result was created within or outside the activity. The regulations in §§32, 32a and 32c UrhG remain unaffected. You also waive your right to acknowledgement of authorship (§13 UrhG).
(7) Contract termination
In the event of termination of the contract, the work results shall remain in the hands of the Employer, irrespective of the circumstances of termination, for further use and exploitation for an indefinite period of time, exclusively and without any restriction in terms of content. A right of access and/or surrender regarding such work results in favour of the Employee is expressly excluded. The Employee shall not be entitled to access and/or surrender of an author's copy.
(1) You are obligated to keep all operational information strictly confidential. This information includes all business, operational and technical information and documents, including those of our business partners.
(2) Of course, you are also obligated to observe the legal provisions on the protection of personal data and to conduct yourself accordingly. You will be obligated to comply with the relevant data protection regulations by means of a special written declaration upon commencement of the activity in accordance with the statutory regulation in Section 53 of the Federal Data Protection Act.
(3) You may not redirect or forward business emails to private accounts.
(4) Data confidentiality continues to exist even after termination of the employment relationship.
(1) By signing this contract you agree to the storage and further processing of your personal data as far as this will become necessary in the context of our business operations (§6 para. 1 lit. b DSGVO).
(2) Data we may share includes name, business contact information, academic degrees, job title, year of birth, photograph, expertise, skills, experience, awards and soft skills to the extent that they are relevant to the specific business relationship.
(3) Before we transfer your data to a country where there is no data protection according to European standards, we will inform you about the risks in each individual case and ask for your explicit consent.
(1) You must properly store all business or operating documents, copies and data carriers made available to you. In particular, you must ensure that no third party can access them.
(2) The same obligation exists with respect to all other property and objects owned or indirectly in the possession of the Employer, such as company vehicle, authorization cards, keys, cell phone, laptop or similar items.
(3) In the event of prolonged absence from the company, after termination of the employment relationship or leave of absence, the items referred to in paragraphs 1 and 2 must be returned to the Employer immediately.
(4) The same obligation to store and surrender applies to all documents and objects concerning the affairs of the business partners of the limited liability company that are in your possession.
(5) There is no right of retention in respect of the aforementioned documents.
(1) You may not accept gifts or benefits of any kind from suppliers, customers or other business partners.
(2) If anyone attempts to provide you with any of the above services or otherwise influence your decision, you must notify us immediately and without being asked to do so.
(1) After the end of the trial period, a notice period of three months to the end of a calendar month applies for ordinary termination, both for you and for us. If the notice periods are extended for the company in accordance with Section §622 (2) of the German Civil Code (BGB) as a result of length of service, they are also extended to the same extent for the Employee.
(2) The right to extraordinary termination without notice for good cause in accordance with Section §626 of the German Civil Code (BGB) remains unaffected by this.
(3) Pursuant to §623 of the German Civil Code (BGB), notice of termination must always be given in writing.
(4) We will observe special termination protection regulations.
(1) The employment relationship ends by cancellation agreement.
(2) The employment relationship ends, without the need for notice of termination, at the end of the month in which the Employee has fulfilled the requirements for drawing a full old-age pension from the statutory pension insurance scheme.
(3) The employment relationship shall also end, without notice of termination being required, at the end of the month in which the Employee receives a notice from a pension insurance institution regarding the granting of an unlimited pension due to complete reduction in earning capacity and any further employment of the Employee - even under changed working conditions - is excluded or unreasonable. In this case, the employment relationship shall end at the earliest two weeks after receipt of the written notification of the Employee about the termination due to the granting of the pension and the lack of the possibility of further employment.
(1) You will train an employee as your successor within the framework of your contractual work obligations. Particular costs arising from this will be reimbursed according to agreement and individual proof.
(2) Insofar as you are in possession of source codes, licence keys or access data for a programme or licences provided for use, you shall surrender these in good time before termination of the employment relationship to the company.
(3) We, as the Employer, undertake for the period after termination of the employment relationship to include your name in all copies of the programme and the accompanying material used within the framework of the contractual use and/or not to remove them. This shall also apply in the event that the Company grants authorized use to third parties.
(1) You must assert all your claims arising from the employment relationship in writing or in text form within 3 months of the due date. Otherwise your claim will expire.
(2) The time period shall commence as soon as the claim has arisen and you have become aware of the circumstances giving rise to the claim or should have become aware without incurring unreasonable effort. The same applies to us if we assert claims against you.
(3) The agreed exclusion period shall not include claims that have arisen as a result of intentional, criminal or unlawful acts or claims due to injury to life, limb or health, as well as claims that are not subject to exclusion periods due to statutory regulations.
(1) Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
(2) The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the legal and economic objective pursued by the contracting parties with the ineffective or unenforceable provision.
CITY, dated ___________
______________________________
NAME OF EMPLOYEE
______________________________
NAME OF EMPLOYER
JOB TITLE
COMPANY NAME
Note:
Employer and Employee will receive a digital copy of the contract with two signatures.
Only the german version of this contract shall be legally binding. The english translation serves information purposes only.