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Employment contract for start-ups: drafting important clauses with legal certainty

2 min.

Employment contract for start-ups: important clauses for young companies

Especially in the start-up phase, employment contracts are often drawn up pragmatically and under time pressure. Yet they are a key instrument for Clear structures, expectations and legal certainty to create.

It is particularly important for start-ups to organise typical regulatory areas properly at an early stage - also with regard to growth and scaling.

Why employment contracts are particularly important for start-ups

In contrast to established companies, start-ups often have dynamic structures.

Employment contracts should therefore:

  • Be sufficiently flexible 
  • Create clear framework conditions 
  • Do not make later adjustments unnecessarily difficult 

Missing or unclear regulations can lead to conflicts later on.

Important clauses at a glance

Working time regulations

Flexible working models are common in start-ups. Nevertheless, working hours should be clearly regulated:

  • Weekly working hours
  • Overtime regulations
  • Trust-based working hours, if applicable 

A clear structure prevents confusion later on.

non-competition clauses

The protection of expertise plays a central role, especially in innovative business models.

Possible regulations:

  • Non-competition clauses during the employment relationship 
  • Post-contractual non-competition clauses (with restrictions) 

These should be carefully designed to be effective.

Cancellation provisions

Start-ups often need flexibility, but at the same time planning security.

Among other things, the following are to be regulated:

  • Cancellation periods
  • Trial period
  • Special cancellation situations, if applicable 

Clear regulations create security for both sides.

Avoid typical mistakes

Common risks are

  • Unclear or overly generalised formulations 
  • Lack of adaptation to the business model 
  • Inadmissible or ineffective clauses 

A structured contract design helps to avoid problems later on.

Practical tip: Scalable contract structures

It is advisable to structure employment contracts in such a way that they also work in the event of growth.

These include:

  • Standardised contract templates 
  • Clear control logic 
  • Possibility of customisation in the event of expansion 

Conclusion

Employment contracts are much more than a formality for start-ups. They form the basis for a stable and legally secure collaboration.

If you have any questions on this or other topics, please contact us - we will be happy to advise you.

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