What are the legal requirements for hiring employees?
November 10, 2023 | 70,00 EUR | answered by Renate Germer
Dear lawyer specializing in commercial law,
My name is Emilia Herrmann and I am the managing director of a medium-sized company in the hospitality industry. In the next few months, we would like to expand our team and hire new employees. However, I am unsure about the legal requirements that I need to consider.
Currently, we have ten employees in our company. The new employees are intended to be hired both full-time and part-time and cover various job roles. We have already received some applications and now want to ensure that we comply with all legal requirements.
My concerns mainly revolve around the possibility of overlooking something and facing legal consequences as a result. I want to ensure that we adhere to all legal regulations related to the hiring of employees to avoid potential issues.
Could you please explain in detail what legal requirements I need to consider when hiring new employees? Are there specific regulations for full-time and part-time employees? What documents do we need to obtain from the new employees and what contracts do we need to enter into with them?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Emilia Herrmann
Dear Mrs. Herrmann,
Thank you for your inquiry and your trust in my expertise in the field of business law. It is understandable that as the managing director of a medium-sized company in the gastronomy industry, you want to ensure that you comply with all legal requirements when hiring new employees. I would be happy to explain in detail what legal aspects you need to consider.
First and foremost, it is important to know that in labor law, there is generally no distinction between full-time and part-time employees. The legal regulations apply to all employees regardless of their level of employment. When hiring new employees, you must therefore comply with the applicable provisions of labor law.
One of the fundamental legal requirements when hiring new employees is compliance with the General Equal Treatment Act (AGG). This means that you must not discriminate based on gender, origin, religion, age, or other characteristics when selecting applicants. Additionally, you must ensure that the working conditions and remuneration of new employees comply with legal minimum standards.
Furthermore, you must obtain certain documents from new employees to properly document their employment relationship. This includes the employment contract, social security number, tax identification number, and, if applicable, a work permit for foreign employees.
Regarding the contracts with new employees, you should ensure that they clearly and understandably regulate all essential working conditions, such as working hours, remuneration, vacation entitlement, notice periods, and other provisions. It is advisable to tailor the contracts individually to the respective position and the company's requirements.
Overall, it is advisable to seek legal advice when hiring new employees to minimize potential risks and ensure legal compliance. I am happy to answer any further questions and support you in all legal matters related to employee employment in your company.
Sincerely,
Renate Germer, Attorney specializing in Business Law
