Employment contract: basics and mandatory information

In short: An employment contract governs the essential conditions of an employment relationship between employer and employee. While it’s generally valid even verbally, written form is always recommended in practice.

In more detail: The German Evidence Act requires employers to document the essential contract terms in writing no later than one month after the employment relationship begins.

In detail

Not legal advice.

• Mandatory information: This includes, among other things, start date, place of work, job description, working hours, pay, and notice periods.
• Probationary period: Usually up to six months, during which shorter notice periods apply and general dismissal protection doesn’t yet take effect.
• Fixed-term contracts: A fixed-term contract must state the term limit in writing, otherwise it automatically counts as unlimited.
• Side agreements: Verbal additional agreements alongside the written contract can be hard to prove in case of a dispute.
• Contract changes: Changes to essential conditions generally require the consent of both parties.
• Invalid clauses: Certain clauses, for example unreasonably long notice periods to the employee’s disadvantage, can be invalid.
• Keeping records: A copy of the signed contract should be kept safe, ideally digitally as well (aufhebungsvertrag-grundlagen, kuendigungsschutz-grundlagen).