As of August 1, 2022, fundamental changes to the law are planned that particularly affect the German Proof of Employment Act. The corresponding law amending the Proof of Employment Act was passed by the German Bundestag on June 23, 2022, so that it will come into force on August 1, 2022, subject to the approval of the Bundesrat.
The German Proof of Employment Act has been in force in Germany since July 1995 and already obliges employers to provide written confirmation of the essential terms of the employment contract (e.g. commencement of the employment relationship, composition and amount of the salary, agreed working hours) in writing no later than one month after the commencement of the employment relationship, to sign the written record and to hand it over to the employee. So far, however, the Proof of Employment Act has not played a major role in practice, particularly because there have been practically no sanctions for violations of the Act's requirements.
This will change if the draft law is implemented as planned on August 1, 2022 (which is to be expected since the Bundestag has already passed it). The new regulation not only provides for further and new mandatory content that must be included in the written employment contract (for example, the signed document must also include agreed breaks and rest periods, as well as the shift system, shift rhythm and requirements for shift changes if shift work has been agreedchanges and, in the event of termination of the employment relationship, the procedure to be followed by the employer and the employee, at least the written form requirement for the notice of termination and the deadlines for terminating the employment relationship, as well as the deadline for filing an action for protection against dismissal). The new legislation also provides for a fine of up to €2,000.00 if the employer does not provide the mandatory information, or does not do so correctly, completely, in the prescribed manner or in a timely manner.
It is therefore advisable for employers to familiarize themselves with the new changes to the German Law on Proof and to have their employment contracts adapted.
The labor law department of the Lawyers Dr. Caspers, Mock & Partner mbB offers you as an employer to adapt the employment contracts to the German Law on Proof at a price of 499 EUR net per sample contract plus VAT. If you have several sample contracts to revise, we will be happy to arrange an individual price with you.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.