On August 1, 2022, the Proof Act was completely changed. In his current column, lawyer Constantin Martinsdorf explains what additional information employers must include in new employment contracts. And they are few.
Von Constantin Martinsdorf
An employment contract does not necessarily have to be in writing, although this is obviously perfectly normal. However, employers have special obligations under the so-called Evidence Act. It is therefore necessary to record the essential working conditions / contractual conditions in writing and deliver them to the employee. From 1 August 2022, the legal obligations to provide evidence have been extended.
In addition to the existing mandatory information, there is now in particular information on the length of the trial period – if agreed -, on the possibility of ordering overtime or on the prerequisite for ordering overtime – if agreed – rest breaks and agreed rest periods and – if agreed – information on the shift system and the pace of shifts or to change the shift system in writing.
Comprehensive documentation obligations must also be complied with for on-call time pursuant to Article 12 of the Part-time and Fixed-Term Time Act (e.g. the minimum number of hours to be paid). In addition, any existing entitlement to further training provided by the company must now be recorded in writing. The same is true for company pension schemes. The name and address of the pension fund must always be documented here in writing.
An email is not enough
The worker must also be informed in writing – atypical of German labor law – about the procedure to be followed in the event of termination of the employment relationship and the terms of notice as well as the deadline for filing an action to protect against unfair dismissal (3 weeks from the delivery of the cancellation). This too must be written. Electronic documentation is by no means sufficient. For example, sending an email to the employee is not sufficient to meet the requirements of the Evidence Act.
The new mandatory information must be observed for all new employees, i.e. all employees who have been hired as of August 1, 2022. Additional proof requirements must also be observed in the apprenticeship relationship pursuant to Article 11 of the Training Act professional.
Changes to old contracts only on request
Old employment contracts should only be adjusted at the request of the employee. However, this must be done within seven days of submitting the application.
Indeed, violations of the provisions of the new Evidence Act are now subject to sanctions. In case of violation, a fine of up to 2,000 euros can be imposed.
Are your employment contracts in progress? Please contact us! We verify your employment contracts and, if necessary, create new employment contracts, taking into account the current Verification Law.
Constantine Martinsdorf
Lawyer | minor partner
Lawyer specializing in labor law
Bergisch Gladbach-Bensberg law firm
Koelner Straße 2, 51429 Bergisch Gladbach
Telephone: 02204 918900-0; Fax: 02204 918900-1
Mail: [email protected]
Website: www.bietmann.eu
Zur person: Constantin Martinsdorf is a lawyer and lawyer specializing in labor law. One of his particular areas of interest is copyright and media law. He is your contact for all employment law matters and the new and “old” media.
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The national law firm Bietmann since the beginning of 2019 he has been collaborating with lawyers and tax consultants in the Rhineland-Berg region in the former offices of Deutsche Bank in a central location in Bensberg.
The law firm is nationally known for its qualified tax advisory activity. Clients include in particular medium-sized companies, but also large national and international companies and groups, as well as associations and individuals. Optimized tax advice is our priority.
In legal disputes, the work of our tax office is complemented by qualified lawyers and experts specializing in tax law.
With a high degree of competence and specialization, we support companies and individuals, in particular in the area of commercial and tax criminal law, thus ensuring our clients complete, efficient and targeted advice and representation in the entire field of tax law.
The law firm was founded 30 years ago by the current senior partner, Prof. Dr. Rolf Bietmannnationally known as a lawyer and university lecturer and as president of the Erfurt Society for the Care of Labor Law at the headquarters of the Federal Labor Court in Erfurt.
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