Part-time workers need a contract

Employment contract (part-time)

Part-time employment contract

for blue-collar and white-collar workers without collective bargaining coverage *)

 

(When using the sample, it is necessary to check which contractual provisions are to be adopted. If necessary, adjustments and additions are recommended.)

 

 

........................................................................................................................
(Name and address of employer)
- hereinafter referred to as "employer" -

 

(possibly.:represented by ………………………………….…………………...
- hereinafter referred to as "employer" -

 

and

 

Mr / Ms

 

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

resident ………………………………………………………………… ...

- hereinafter referred to as "employee" -

 

the following employment contract is concluded:

 

 

§ 1 Beginning of the employment relationship

 

The employment relationship begins on ....................

 

 

§ 2 probationary period

 

The employment relationship is concluded for an indefinite period. The first six months (or:three months) are considered a probationary period. During the probationary period, the employment relationship can be terminated by either party with a notice period of two weeks.

 

or

 

This contract is for a period of six months (or:three months) from ……… to ……… as a trial. After this time limit has expired, the employment relationship ends without the need for notice, unless a continuation of the employment relationship has been agreed up to this point in time. During the probationary period, the employment relationship can be terminated with a notice period of two weeks, without prejudice to the right to terminate without notice (temporary trial employment relationship).

 

 

§ 3 Activity

 

The employee works part-time as ............................................ . set:

 

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

 

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

 

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

 

*) Please note the user information!

(When specifying the activities, we do not recommend too narrow a restriction, as otherwise the employee must agree to a change or a socially justified notice of change must be pronounced.)

 

He undertakes to carry out other reasonable work - also at a different location - that corresponds to his previous knowledge and skills.

 

 

§ 4 working hours

 

The regular weekly (or:monthly / annual) working hours of the employee are …… hours. The regular weekly working hours are determined as follows:

 

Monday: ……. Until ……. Clock

Tuesday: ……. Until ……. Clock

 

In the event of operational necessity and taking into account his legitimate interests, the employer is obliged to work overtime as well as overtime within the framework of the statutory provisions.

 

 

§ 5 Remuneration

 

The employee receives a gross monthly remuneration of ............. € / an hourly wage of currently ................. euros.

 

Overtime of up to 10% of the regular weekly working time is included in the remuneration; otherwise they will be remunerated separately.

 

 

Please note: A compensation clause for overtime must not lead to a fall below the minimum wage.

Note: If a special allowance is granted subject to the reservation of voluntary nature, it is advisable to specify this specifically, as reservations of voluntary nature, which refer to all future benefits regardless of the type and reason for which they arise, are inadmissible. In addition to the voluntary reservation, it is important to expressly exclude the creation of a claim:

"If the employer pays gratuities, bonuses or other additional special payments in addition to the monthly salary specified in Paragraph 1, which have not been individually agreed beforehand, these are voluntary benefits by the employer based on a separate decision made in each case. Even the repeated and regular payment does not justify a legal claim neither for the past nor for the future. Sentences 1 and 2 do not apply if the services are based on an individual contractual agreement with the employee. "

It is also advisable to combine the respective payment with a written notice that the service is voluntary and a legal claim to further payments is excluded.

 

 

 

Section 6 Vacation

 

The employee is entitled to a statutory minimum vacation of currently 20 working days per calendar year - based on a five-day week. In addition, the employer grants contractual leave of additional …… .. working days. When granting leave, statutory leave is taken first.

 

The additional vacation is reduced by one twelfth for every full month in which the employee is not entitled to remuneration or continued remuneration or if the employment relationship is suspended. For the contractual vacation, in deviation from the statutory minimum vacation, the vacation entitlement on 31.12. of the respective calendar year (or:with the expiry of the transfer period on March 31

of the following year) even if it cannot be taken due to the employee's incapacity to work. In this case, statutory vacation does not expire until 15 months after the end of the vacation year.

 

If you leave in the second half of the year, the vacation entitlement is divided by twelfth, although the reduction is only made to the extent that this does not fall below the legally prescribed minimum vacation.

 

Upon termination of the employment relationship, remaining vacation entitlements are to be reduced within the notice period, as far as this is possible. The contractual additional leave expires upon termination of the employment relationship.

 

The legal treatment of the vacation is otherwise based on the statutory provisions.

 

 

§ 7 illness

 

The continued payment of remuneration in the event of illness is based on the statutory provisions.

 

The employer must be notified of the inability to work immediately. If the incapacity for work lasts longer than three calendar days, the employee must submit a medical certificate stating the existence and the expected duration no later than the working day following the third calendar day. This obligation to provide evidence also applies after the six weeks have elapsed. The employer is entitled to request the submission of the certificate of incapacity for work earlier.

 

 

§ 8 Confidentiality

 

During the duration of the employment relationship and also after leaving the company, the employee undertakes to maintain secrecy and without any business secrets or company matters of a confidential nature that are identified as such by management in writing or orally or are obviously recognizable as such express approval of the management not to make them accessible to third parties. The employee must observe the employer's instructions and measures to ensure confidentiality. In case of doubt, the employee will obtain instructions from the employer on the confidentiality of certain facts.

Note: The law for the protection of trade secrets (GeschGehG), which came into force on April 26, 2019, also requires active, objectively ascertainable Protective measures on the part of employers; It can therefore be advisable to describe the essential information affected by such confidentiality measures (abstractly): "As business secrets, in particular ..."

 

For each case of violation of this obligation, he undertakes to pay a contractual penalty in the amount of a gross monthly fee. The employer reserves the right to claim further damage.

 

If the employee violates his duty of confidentiality, this can lead to dismissal.

 

§ 9 Secondary Employment

 

The employee undertakes to notify the employer in writing of any paid secondary employment or employment that affects the employment relationship before it is taken up. It is only permitted with the consent of the employer

 

The employer grants consent if the performance of the official tasks is not hindered by the secondary employment and other legitimate interests of the employer are not impaired.

 

The employer can revoke his consent at any time if his operational interest requires this, also taking into account the interests of the employee.

 

 

§ 10 contractual penalty

 

The employee undertakes to pay the employer a contractual penalty in the event that he does not commence the employment relationship or begins late, temporarily refuses to work without authorization, terminates the employment relationship in breach of contract or causes the employer to terminate the contract for cause by breach of contract. As a contractual penalty, a gross daily allowance calculated from the gross monthly remuneration in accordance with Section 5 for each day of the infringement is agreed, but no more than the remuneration otherwise payable in the statutory minimum notice period. The amount of the contractual penalty is limited to a maximum of one gross monthly remuneration in accordance with § 5. The employer's right to assert further claims for damages remains unaffected.

 

 

§ 11 termination

 

After the trial period has expired, the statutory notice periods apply. Any statutory extension of the notice period in favor of the employee also applies in the same way in favor of the employer. The termination must be in writing. Termination prior to commencement of the employment relationship is excluded.

 

The employer is entitled to release the employee until the end of the employment relationship. The leave of absence takes into account any vacation entitlements the employee may still be entitled to as well as any credit on the working time account. During the period of time off, the employee must have any earnings achieved through the use of his labor offset against the remuneration claim against the employer.

 

The employment relationship ends without notice at the latest at the end of the month in which the employee has reached the statutory retirement age.

 

 

§ 12 Expiry / Exclusion Periods

 

All claims from the employment relationship lapse if they are not asserted against the contractual partner in writing within a preclusive period of three months after their due date and, in the event of rejection by the contractual partner, sued within a further three months. This does not affect claims based on acts of intent or gross negligence.

 

The preclusive period does not apply to an employee's entitlement to the statutory minimum wage. On the other hand, the employee's remuneration claims that exceed the minimum wage are subject to the agreed deadline.

§ 13 Additional agreements

 

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

 

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

 

 

§ 14 Amendments to the contract and ancillary agreements

 

Tacit, verbal or written subsidiary agreements have not been made. Changes and additions to this contract must be made in writing. This also applies to the cancellation of this clause. The employee therefore does not have any claims from operational practice. Changes to the contract through individual agreements are informally effective.

 

Should individual provisions of this contract be or become ineffective, this shall not affect the effectiveness of the rest of the contract.

 

The employee undertakes to notify the employer immediately of any changes in personal circumstances such as marital status, number of children, address.

 

 

 

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

Place and date

 

 

……………………………………………………………………………

Signature of the employer Signature of the employee