The 90 Day Trial Employment Agreement is a standard document used in German employment relationships to establish clear terms and conditions for new hires during their probationary period. This agreement is particularly important in the German labor market, where trial periods are commonly used to assess employee-employer fit while providing flexibility in termination options. The document must comply with German employment law requirements, including the Documentation Act (Nachweisgesetz) and the Protection Against Dismissal Act (K脙录ndigungsschutzgesetz). It typically includes essential information about the position, working hours, compensation, notice periods, and other relevant terms while reflecting the specific shortened notice periods applicable during the trial period. This agreement serves as the foundation for the employment relationship and can be used across various industries and position levels.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the trial period
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, and primary responsibilities
5. Commencement and Trial Period: Start date and explicit terms of the 90-day trial period
6. Working Hours and Location: Regular working hours, work location, and flexibility terms
7. Remuneration: Salary, payment schedule, and any additional benefits
8. Leave Entitlement: Vacation days, sick leave, and other leave provisions
9. Termination During Trial Period: Notice periods and termination conditions specific to the trial period
10. Confidentiality: Protection of company information and trade secrets
11. Data Protection: GDPR compliance and handling of personal data
12. Governing Law: Specification of German law application
13. Entire Agreement: Integration clause and relationship to other documents
14. Signatures: Execution block for both parties
1. Bonus Arrangements: Include if performance-based bonuses are offered during trial period
2. Company Car: Include if a company car is provided during trial period
3. Training Requirements: Include if specific training or certifications are required
4. Non-Competition: Include if role requires basic non-compete provisions (note: limited enforceability during trial period)
5. Works Council Reference: Include if company has a works council
6. Language Provision: Include if contract is bilingual or if workplace language requirements exist
7. Travel Requirements: Include if position requires regular travel
8. Inventions and IP: Include for technical or creative positions
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting structure
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Referenced workplace policies and procedures
4. Schedule 4 - Data Protection Notice: Detailed information about personal data processing
5. Appendix A - Employee Handbook Acknowledgment: Confirmation of receipt and acceptance of company policies
6. Appendix B - IT and Systems Usage Policy: Rules for company IT systems and equipment use
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