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Dual Employment Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates a dual employment relationship where an individual is simultaneously employed by two different employers. The document ensures compliance with German labor regulations, including the Working Hours Act (Arbeitszeitgesetz), Social Security Code (Sozialgesetzbuch), and relevant tax legislation. It clearly defines the allocation of working hours, responsibilities, remuneration, benefits, and obligations between all parties while maintaining compliance with German employment law requirements and protecting the interests of all parties involved.

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What is a Dual Employment Contract?

The Dual Employment Contract is essential in situations where an individual needs to maintain formal employment relationships with two separate employers in Germany. This arrangement is common in scenarios such as joint ventures, research collaborations, or shared service arrangements. The document comprehensively addresses German legal requirements including working time limitations, social security contributions, and tax obligations. It provides clear frameworks for managing potential conflicts of interest, confidentiality requirements, and the fair allocation of the employee's time and responsibilities. The contract ensures compliance with German labor law while protecting the interests of all parties through detailed specifications of duties, remuneration, and benefits from each employer.

What sections should be included in a Dual Employment Contract?

1. Parties: Identification of both employers and the employee, including full legal names, addresses, and registration details

2. Background: Context of the dual employment arrangement and the relationship between the two employing entities

3. Definitions: Key terms used throughout the agreement, including specific terminology related to dual employment

4. Scope of Employment: Clear delineation of roles and responsibilities under each employment relationship

5. Working Hours and Time Allocation: Specific allocation of working hours between both employers, ensuring compliance with ArbZG limits

6. Remuneration and Benefits: Detailed breakdown of salary, benefits, and other compensation from each employer

7. Social Security and Insurance: Arrangements for social security contributions and insurance coverage between employers

8. Tax Arrangements: Structure of tax withholding and reporting responsibilities for each employer

9. Confidentiality and Data Protection: Obligations regarding confidential information for both employment relationships

10. Conflicts of Interest: Provisions for managing potential conflicts between the two roles

11. Leave Entitlements: Vacation, sick leave, and other absence arrangements between both employers

12. Term and Termination: Duration of the agreement and conditions for termination of either or both employment relationships

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

14. Signatures: Execution blocks for all three parties

What sections are optional to include in a Dual Employment Contract?

1. International Travel: Include when role involves travel between multiple jurisdictions

2. Intellectual Property Rights: Include when work involves creation of IP for either employer

3. Non-Competition: Include when there are specific competitive concerns between employers

4. Training and Development: Include when specific training obligations exist from either employer

5. Equipment and Resources: Include when specifying allocation of work tools between employers

6. Performance Management: Include when detailing how performance will be evaluated across both roles

7. Emergency Protocols: Include when work involves high-risk activities or specific safety requirements

8. Remote Working Arrangements: Include when either role involves remote work

9. Corporate Group Relations: Include when employers are part of the same corporate group

What schedules should be included in a Dual Employment Contract?

1. Schedule 1 - Job Descriptions: Detailed description of duties and responsibilities for each role

2. Schedule 2 - Working Hours Schedule: Detailed weekly/monthly schedule showing allocation of hours between employers

3. Schedule 3 - Remuneration Structure: Detailed breakdown of salary components, benefits, and payment arrangements from each employer

4. Schedule 4 - Company Policies: Relevant policies from each employer that apply to the employee

5. Schedule 5 - Benefit Entitlements: Detailed breakdown of benefits provided by each employer

6. Appendix A - Contact Information: Key contact details for HR, supervisors, and emergency contacts at both employers

7. Appendix B - Compliance Checklist: Summary of key compliance requirements and responsibilities for all parties

8. Appendix C - Required Notifications: Templates for required notifications to authorities regarding dual employment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use

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