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In addition to the modernization of the Verification Act, the German “traffic light government” has passed a few more simplifications, at least in terms of digitality – although you have to look closely regarding reference letters:
Reference letters
Employment references can now be issued in electronic form if the employee agrees. But be careful: the electronic form requires a qualified electronic signature: a simple e-mail is not enough!
Parental leave
From May 2025, parental leave and part-time parental leave claims can be made in text form (e.g. by email). And: The employer may also provide feedback in text form. Correspondence regarding parental leave can therefore be handled by email in the future.
Caregiver leave
The same applies to carers as to parents: carers’ leave can now also be requested in text form.
Retirement age limit
Employment contracts often contain clauses regarding the automatic ending of the contract without termination when the statutory retirement age is reached: such provisions can now also be concluded in text form. If such a provision has been “forgotten” in the employment contract, the employer can also agree upon this with the employee by email now.
Working Hours Act
The Working Hours Act and the regulations based on it previously had to be displayed physically in a suitable place in the company. The law now reflects the realities prevailing in many places anyway: the “usual information and communication technology” on site is sufficient – i.e. information on the intranet / via an app or similar.
About the author(s)
Annette is an employment litigation partner based in our Frankfurt office.