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Shortly before the German “traffic light government” collapsed, it actually passed a significant simplification for everyday HR work: As of 1 January 2025, employers will be able to send the essential terms and conditions of employment in text form (e.g. as a PDF file via e-mail without a wet signature) instead of in written form. The prerequisite is that the document is accessible to the employee and can be saved and printed. This means that employment contracts, which have become much more bloated as a result of the amendment to the Verification Act on 1 August 2022, can be drafted much leaner (and more up-to-date).
What needs to be considered?
The employer must ask the employee (e.g. by email or secure link) to provide individual proof of receipt. If there is no acknowledgement of receipt, the employer’s obligation to provide evidence is deemed not to have been fulfilled, which may result in an administrative offence and possible fines (and, in the event of litigation, a reversal of the burden of proof).
Right to written evidence remains in place
Employees will still be able to request written evidence, even if it has already been provided in text form. Very important: written form remains mandatory for fixed-term contracts, notices of termination and termination agreements.
About the author(s)
Annette is an employment litigation partner based in our Frankfurt office.
Nadine Junghenn is a German qualified lawyer working for the employment & labour law practise of Gowling WLG's Frankfurt office.
