Contracts & Handbooks

Different entrepreneurial needs of employers lead to various forms of employment contracts. However, HR managers often access sample employment contracts from the Internet and think that they are good and sustainable. However, such model employment contracts do not adapt to the dynamic changes in labor law, nor do they exhaust the existing contractual scope. Get advice from us on drafting a legally secure employment contract and adapt the HR solutions employee contracts to your needs.
hr solutions employee contracts

It is common practice that you as employer formulate employment contracts and present them to the future employee only for review and signature. The decisive initiative in contract drafting and negotiation therefore comes from you. Here, there is the possibility of making the employment relationship sustainable and trend-setting in your sense by using the scope of the employment contract. The mandatory labor law and the constantly changing and differentiated practice of the labor courts regarding the (in) admissibility of certain employment contract clauses, however, limit the free contract design.

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Our goals when creating an employment contract

A good employment contract is characterized by the fact that it covers the most important regulatory areas specific to the company, which enable a functioning day-to-day work, as well as regulations that apply in the event of a dispute. In addition, it should contain rules for the time of leaving the company and, if applicable, the period after the employment relationship has ended. Specifically, the goal of our employment contract will be:

  1. Define the tasks and duties of the future employee in a clear and understandable manner: the employment contract forms the basis for the performance obligations of your future employee, your right to issue instructions and your payment obligations. Clear regulations ensure clear conditions right from the start, thus preventing tensions during the employment relationship.
  2. Do not give away any of your legal positions: The largely mandatory statutory labor law limits your freedom of contract and leaves you with relatively little scope when drafting employment contracts. We will use the existing scope by using clauses that are advantageous for you without going beyond the legal framework.
  3. Prevent ineffectiveness: Too employer-friendly provisions often lead to the ineffectiveness of the clause.
  4. The consequences: The employee does not have to comply with the regulation. In addition, the ineffective clause is replaced by the corresponding legal regulations, which can be very disadvantageous for you as an employer. Ultimately, we can only prevent this by following developments in labor law legislation and labor court case law and taking them into account in the drafting of contracts. We are aware of limits of what is (currently) legally possible, that’s why we have a good starting point with regard to contract negotiations.

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