Extensive changes to the "Nachweisgesetz" require adaptation of employment contracts
> Since 1 August 2022

The time has come. The  European Directive on Transparent and Predictable Working Conditions (EU) 2019/1152 ("Working Conditions Directive") has been implemented in Germany. On 23 June 2022, the Bundestag decided to transpose the directive into national law. As of 01 August 2022, the changes will apply to all newly concluded employment contracts.

Are you prepared for this?

We are: beck rechtsanwälte‘s specialist lawyers for labour law have been monitoring the according legislative process for months. We have dealt intensively with the matter and can reassure you that many of the new requirements typically are included in German employment contracts. An adaptation of such employment contracts is therefore manageable. Nevertheless, adjustment is necessary, as failure to provide verification information will be punishable by a fine.  

The most important changes are:

+ The duration of the probationary period must be stated.
+ Information on a freely selectable place of work must be provided.
+ The actual working time and agreed rest breaks and times must be included. If shift work has been agreed, the shift system, the rhythm and conditions for shift changes must be stated.
+ The information on on-call work is to be given considerably more extensive.
+ The possibility of ordering overtime and its precondition as well as the concrete remuneration for it must also be indicated.
+ The wage components (allowances, supplements, bonuses, special payments) must be broken down individually.
+ Information must be given on training offered by the employer.
+ Now also applies to temporarily employed temporary workers.
+ The probationary period of fixed-term employees must be adapted to the duration of the fixed term. If the probationary period is too long, it will be invalid.

Probably the most significant change concerns the information in connection with the procedure in the event of a termination. In this respect, please note

+ requirement of written form
+ deadlines for termination of the employment relationship
+ time limit for bringing an action for unfair dismissal.

The amendments only directly affect employment contracts concluded since 01 August 2022. However, since the deadlines for providing this verification information have been reduced and verification information must partly be available on the first day of the employment relationship, you must act now.

Please also note that old contracts dating from before 01 August 2022 are indirectly affected. Employees with old contracts must be provided with the verification information upon their request within one month, in some cases even on the seventh day after their request.
 
Please feel free to contact us, we will be happy to assist you.
> Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union
> "Nachweisgesetz (NachwG)", Act on notification of conditions governing an employment relationship