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Provisional Offer Of Employment Template for Germany

A Provisional Offer of Employment is a formal pre-contractual document used in German employment law to outline the preliminary terms and conditions of employment before issuing a final employment contract. This document complies with German labor law requirements, particularly the Nachweisgesetz (Evidence Act), while maintaining a provisional nature. It includes essential employment terms such as position, compensation, working hours, and benefits, while clearly stating any conditions that must be met before finalizing the employment relationship. The document serves as a bridge between the selection process and the final employment contract, providing both parties with clear expectations while maintaining legal compliance with German employment regulations.

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What is a Provisional Offer Of Employment?

The Provisional Offer of Employment is a critical document in the German employment process, typically used after successful candidate selection but before the issuance of a final employment contract. It serves multiple purposes: documenting the employer's intent to hire, outlining key employment terms as required by German labor law, and specifying any conditions that must be met before employment can commence. This document needs to comply with various German employment regulations, including the Nachweisgesetz (Evidence Act), Allgemeines Gleichbehandlungsgesetz (General Equal Treatment Act), and relevant sections of the Bürgerliches Gesetzbuch (German Civil Code). The provisional nature of the offer allows employers to conduct necessary pre-employment checks while providing candidates with a formal commitment, subject to specific conditions. It typically includes essential information about the position, compensation, working hours, benefits, and any specific requirements or conditions that must be satisfied before the employment relationship can be finalized.

What sections should be included in a Provisional Offer Of Employment?

1. Company Letterhead and Date: Official company letterhead including full legal entity name, address, and contact details, plus the current date

2. Recipient Details: Candidate's full name and address

3. Subject Line: Clear indication that this is a provisional offer of employment

4. Opening Statement: Positive opening confirming the provisional offer and reference to previous discussions/interviews

5. Position Details: Job title, department, and reporting relationship

6. Employment Terms: Key terms including start date, type of employment (permanent/fixed-term), probationary period, and work location

7. Compensation: Base salary, any variable components, and payment frequency

8. Working Hours: Standard working hours and days as per German law

9. Leave Entitlement: Annual leave allowance and public holidays

10. Benefits Summary: Overview of main benefits package

11. Conditions Precedent: Prerequisites that must be met before final contract (background checks, references, work permits if applicable)

12. Next Steps: Process for accepting the offer and timeline for receiving the final contract

13. Confidentiality Statement: Clause regarding the confidential nature of the offer

14. Closing: Signature block and company representative details

What sections are optional to include in a Provisional Offer Of Employment?

1. Relocation Package: Include when offering relocation assistance to candidates moving from other cities/countries

2. Sign-on Bonus: Include when offering a one-time signing bonus

3. Educational Support: Include when offering support for further education or professional development

4. Company Car: Include when a company car is part of the compensation package

5. Remote Work Provisions: Include when offering hybrid or remote working arrangements

6. International Assignment Terms: Include for positions involving international assignments or travel

What schedules should be included in a Provisional Offer Of Employment?

1. Benefits Overview: Detailed outline of all benefits offered

2. Job Description: Detailed description of the role and responsibilities

3. Required Documentation Checklist: List of documents needed before finalizing employment

4. Provisional Timeline: Expected timeline for completion of pre-employment checks and final contract signing

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

Offer Letter

Cost

Free to use

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