Anforderungen an Clawback-Vereinbarungen nach der InstitutsVergV und deren Umsetzung im Arbeitsvertrag

This work provides a comprehensive analysis of the implementation of Section 20(6) of the German Remuneration Regulation for Institutions (InstitutsVergV) within employment contracts. This regulatory provision requires certain credit and financial services institutions to enter into agreements that provide for the right to claw back variable remuneration that has already been paid to individuals classified as 'risk takers'. The key aspects are establishing the regulatory requirements and devising solutions for their contractual implementation, while taking into account the relevant employment and civil law provisions. The aim is to eliminate existing legal uncertainties and provide specific wording proposals for legally sound contracts.