Change in the law for employment contracts: Employers will soon have to provide more information

Created: 2022-07-23 04:53

By: Carina Blumenroth

An EU directive ensures that employers have to provide more information than before.

The changes will come into effect on August 1st.

What does the employer actually have to disclose and what not?

This is regulated by law - in Germany this falls under the Verification Act (NachwG).

Due to a change in an EU directive, the legislature had to adapt the proof law.

Above all, this means work for the employer and more information for all employees.

The

has compiled the changes.

Due to an EU directive change, the proof law must be adapted.

The transition period expires at the end of July.

© Sascha Steinach/Imago

Evidence Act: Implementation deadline expires – changes were passed in the Bundestag at the end of June

Among other things, the information and documentation obligations of employers are anchored in the Evidence Act (NachwG).

So far, it has primarily stated that employees must receive the following documents in writing within one month when they start work:

• Name and address of the contracting parties

• The beginning of employment

• In the case of a fixed-term contract: Duration of the employment relationship

• workplace

• job title

• Composition and amount of wages

• working time

• Length of annual vacation leave

• Deadlines for Termination

• References to agreements (collective wage agreements, company and service agreements)

Termination of the employment contract: the most important facts that everyone should know

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Evidence Act changed: Employers must implement new regulations for employment contracts

From August 1st, further points must be fulfilled, these result from the resolution of the EU directive on transparent and reliable working conditions.

All points must be recorded in writing:

• End date of employment

• If applicable: free choice of place of work by the employee

• duration of the trial period

• Composition and amount of wages and remuneration for overtime, allowances, bonuses or similar.

  and their due date and type of payment

• Agreed working hours, breaks and rest periods;

  for shift work: requirements, rhythm and shift system

• If agreed: Possibility of ordering overtime and its requirements

• Name and address of the pension provider if the employer promises a company pension;

  if the pension provider is obliged to provide this information, this point does not apply

• Procedure to be followed between employer and employee in the event of dismissal

Verification law changed: New regulations apply to new hires from August 1st

These innovations are to apply to new hires from August 1st.

Furthermore, it is new that employees are entitled to the following information from day one: name and address of the contracting parties, working hours and wages including the composition.

All further information must follow within seven days.

Anyone hired before August 1st can also request the information from the employer.

Written form is required for this, and the employer also has seven days to gather the information.

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Verification Act 2022: You will receive this information within one month in the future

The employer must provide you with the following information within one month: background information on compulsory further training, vacation, the termination procedure, collective agreements and company pension schemes.

Should essential working conditions change in the employment relationship, employees must have been informed of this no later than on the day of the change.

Changes in collective agreements, company or service agreements and changes in the law do not have to be reported in writing - everything stays the same here.

What is new, however, is a fine that can be imposed on the employer in the event of violations.

This can be up to 2,000 euros.

Criticism of the new proof law: written form remains - digital proof does not count

The law is being criticized: The criticism is primarily about the fact that a written form is required and a digital solution is not possible.

According to

, this puts a strain on small and medium-sized companies.

It is inconceivable that in this digital age archives for contracts signed by hand must still be provided.

This is not the case in other European countries.