德国合同英文范本

for workers and employees not bound by a collective bargaining agreement *)

(If this sample contract is used, you should check which contractual provisions you intend to take over. Adjustments and amendments may be advisable)

Between ................................................................................................ (Name and address of the employer) - hereinafter referred to as \"Employer\" -

(if necessary, represented by…………………………….…………………………………………)

and

Mr/Mrs .......................................................................................................................

resident in……………………………………………………………………………………….. - hereinafter referred to as \"Employee\" -

the following Employment Contract is now hereby entered into:

§ 1 Commencement of the employment relationship 雇佣关系的开始

The employment relationship shall commence on .................... 雇佣关系将开始于

§ 2 Probationary period 试用期

The employment relationship shall be entered into for an indefinite period of time. The first three months shall be deemed to be a probationary period. During the probationary period the employment relationship may be terminated by either party subject to a period of notice of two weeks.

雇佣关系应进入无限期的时间。前三个月应被视为试用期。在试用期期间雇佣关系任何一方可以终止雇佣关系，但需提前两周通知。 or

This Contract shall be entered into for a period of six months (or: three months) from ……… to …… on a probationary basis. After the expiration of this probation period, the employment relationship shall end without this requiring any termination unless a continuation of the employment relationship is agreed upon by that time. During the probationary period the employment relationship may be terminated subject to a period of notice of two weeks, notwithstanding the right to terminate the Contract without notice (limited probationary employment relationship).

§ 3 Activity

The Employee shall be employed as a .............................................

and shall be employed to carry out, more particularly, the following activities:

....................................................................................................................................................

...................................................................................................................................................

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*) Please consider the note for users!

(When stating the activities it is recommended not to be too restrictive, because if there is any change the Employee would otherwise have to agree or a socially justified notice of termination for change in employment conditions would have to be issued).

He is obliged to also conduct other duties - also at a different location - which make use of his knowledge and abilities. This also applies, as far as this is reasonable after taking the interests of the employee and the employer and does not involve a reduction in pay.

§ 4 Compensation

The Employee shall be paid monthly gross compensation of €............. / an hourly wage of currently € ................. .

Should the employer make additional remuneration, this is to be seen as an individual voluntary payment. Even repeated, unconditional payments do not constitute a legal entitlement to guarantee the payment in the future. Claims to any payment do not apply to times in which the contractual relationship is suspended and there is no entitlement to remuneration. This especially applies for maternity, or paternity leave, during compulsory military service or holiday without leave. The requirement for provision of gratification is always that the contractual relationship has neither been terminated, nor ended on the day of payment.

§ 5 Working hours

The regular weekly working hours shall amount to currently ….... hours. The commencement and end of the daily working hours shall be governed by the operational organisation.

§ 6 Vacation

The employee is entitled to the legal minimum holiday of, currently, 20 working days in a calendar year - based on a five day week. The employer affords a further contractual holiday entitlement of a further ...... working days. When taking leave, the legal entitlement will be used first.

The additional holiday is reduced by one twelfth for very full month in which the employee is not entitled to remuneration or continued remuneration, or if the contractual relationship is suspended. As opposed to the legal entitlement, it is seen as agreed that the holiday entitlement also lapses at the end of the transferral period of 31.3 of the following year, if the employee could not take leave due to incapacity. The legal holiday entitlement lapses in such cases 15 months after the holiday year.

The holiday entitlement will be reduced by a twelfth when the employee leaves the company in the second half of the year, whereby the reduction is only conducted if the remaining leave does not fall short of the required legal holiday entitlement.

Upon termination of the contractual relationship, any remaining entitlement to leave must be reduced within the period of notice, if this is possible.

As for the rest, the legal handling of vacation shall be governed by the statutory provisions.

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§ 7 Illness

Should the employee be unable to work due to unforeseen incapacity for which he is not responsible, he is entitled to continued remuneration for up to six weeks in accordance with the legal regulations. The employer is to be informed of the incapacity immediately. Should the incapacity remain for more than three calendar days, the employee is to the present a doctor's note regarding the incapacity and its anticipated duration at the latest on the working day following the third calendar day. This obligation also applies after six weeks. The employer is entitled to demand the presentation of a doctor's note at an earlier time.

§ 8 Duty of Secrecy

The Employee undertakes to treat all business and trade secrets as confidential for the duration of his employment relationship and after he leaves the company, too.

§ 9 Ancillary activity

Any ancillary activity in return for payment or that impedes the employment relationship shall not be admissible without the consent of the Employer.

§ 10 Contractual penalty

If the Employee does not commence the employment relationship as contractually agreed upon or ends the employment relationship contrary to the contractual agreement, the Employee undertakes to pay to the Employer a contractual penalty in the amount of half a gross monthly salary for the contractual infringement until the end of the probationary period and one gross monthly compensation after the end of the probationary period. The right of the Employer to assert more extensive damage claims shall not be affected.

§ 11 Termination

After the expiration of the probationary period, the period of notice shall be four weeks to the 15th or end of a calendar month. Any statutory extension of the period of notice for the benefit of the Employee shall apply in the same way for the benefit of the Employer. The notice of termination shall require the written form. Termination shall be excluded before the commencement of the employment relationship.

The Employer shall be entitled to release the Employee from work until the end of the employment relationship. The release shall be subject to the offsetting of any claim to vacation to which the Employee may still be entitled or any credit on the working time account. During the period of release the Employee shall accept the offsetting of any compensation earned by using his working capacity against the claim to compensation vis a vis the Employer.

The contractual relationship ends at the latest upon completion of the month in which the employee reaches the legal pension.

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§ 12 Expiry/preclusive periods

The contracting parties must assert any claims under the employment relationship within three months (or: six months) following their due date in writing and institute legal proceedings in the event of rejection by the other party within three months.

Otherwise the claims shall become extinct. Any claims under tort shall still be governed by the statutory provisions.

§ 13 Additional Agreements

....................................................................................................................................................

....................................................................................................................................................

§ 14 Amendments and Ancillary Agreements

No contractual entitlements for the employee result from the unilateral behaviour of the employer, as long as no oral, or written amendment to this contract has been made (official practices are excludes ).

Should individual provisions of this Contract be or become invalid, the validity of the Contract as such shall not be affected.

The Employee undertakes to inform the Employer without delay of any changes in his personal situation such as marital status, number of children, address.

........................................................ Place, date

………………………………………………………………………………………………………….. Signature Employer Signature Employe

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