{"id":2493,"date":"2022-02-25T12:25:00","date_gmt":"2022-02-25T11:25:00","guid":{"rendered":"https:\/\/haas-eschborn.de\/?p=2493"},"modified":"2022-02-25T12:25:00","modified_gmt":"2022-02-25T11:25:00","slug":"the-employment-contract-6-answers-from-the-lawyer","status":"publish","type":"post","link":"https:\/\/haas-eschborn.de\/en\/der-arbeitsvertrag-6-antworten-vom-rechtsanwalt\/","title":{"rendered":"The employment contract: 6 answers from a lawyer"},"content":{"rendered":"
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One of the most important contracts in our economic life is the employment contract. It regulates all modalities of the employment relationship of employees in Germany. For around 41 million employees, the employment contract forms the basis of their economic existence. But what must be included in an employment contract? What should employees pay particular attention to? We clarify the most important questions for you.<\/p>\r\n
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Table of contents:<\/strong><\/p>\r\n

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  1. Does an employment contract have to be concluded in writing?<\/a><\/li>\r\n
  2. What minimum provisions must be included in the employment contract?<\/a><\/li>\r\n
  3. What applies if the employment contract does not contain any explicit provisions on issues such as vacation or notice periods?<\/a><\/li>\r\n
  4. Are fixed-term employment contracts always permissible?<\/a><\/li>\r\n
  5. Are provisions in a written employment contract always effective?<\/a><\/li>\r\n
  6. Should I have my employment contract checked by a lawyer?<\/a><\/li>\r\n<\/ol>\r\n
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    Do you have questions about your employment contract? We will advise you in detail and individually!<\/strong><\/p>\r\n

    <\/i> 06173 - 318 170<\/span><\/a><\/p>\r\n

    <\/i> info@haas-eschborn.de<\/span><\/a><\/p>\r\n

    <\/i> Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt<\/span><\/p>\r\n

    \r\n\tTo the contact form<\/a><\/p>\r\n
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    1. does an employment contract have to be concluded in writing?<\/h2>\r\n\r\n
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    No, the employment contract is not subject to any formal requirements. It can therefore also be concluded verbally without any problems. However, oral employment contracts can be problematic if disputes arise in relation to the employment relationship.<\/p> \r\n

    In order to avoid disputes and to have clear regulations in case of doubt, employment contracts are usually concluded in writing. However, even in the case of verbal employment contracts, employers are actually obliged under the Evidence Act to record the essential contents of the contract in writing and to hand these over to the employee within one month. If you do not comply with this obligation, this will have consequences in the event of a dispute before the labor courts. This is because the burden of proof regarding the circumstances of the employment relationship will then regularly fall to the employer.<\/p>\r\n

    There is a special rule for fixed-term employment relationships. The fixed-term agreement must be in writing. Therefore, if a fixed-term employment contract is only concluded verbally, the fixed-term agreement is invalid. The employment contract is therefore concluded as an open-ended employment relationship.<\/p>\r\n <\/div>\r\n<\/div><\/div>\r\n


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    2 What minimum provisions must be included in the employment contract?<\/h2>\r\n\r\n
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    Section 2 of the NachG can be used to determine the minimum content of an employment contract. This lists the essential provisions that the employer must set out in writing with regard to the employment relationship. These are<\/p>\r\n