Does my employer have to give me an employment contract?
February 10, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
I am Ammelie Keck and have been working as a salesperson in a small company for two months now. So far, I have not received a written employment contract. My boss has only informed me verbally that I am now employed. I am concerned because I do not know exactly what rights and responsibilities I have without a written contract.
I would like to know if my employer is obligated to provide me with an employment contract and what I can do if he does not. I would like clarity on my specific rights and responsibilities, how my working hours are regulated, and what compensation I am entitled to.
Furthermore, I am also thinking about how I can protect myself in case of disagreements or conflicts with my employer. What options do I have to protect my interests and what steps can I take to ensure fair treatment in the workplace?
I thank you in advance for your help and look forward to your response.
Sincerely,
Ammelie Keck
Dear Mrs. Keck,
Thank you for your inquiry and your trust in my expertise as a labor law attorney. It is understandable that you are concerned if you have not yet received a written employment contract. In Germany, employers are generally required to provide employees with a written employment contract. This requirement is set out in § 2 of the Employment Notification Act.
A written employment contract serves to record the exact rights and obligations of both parties to the contract. It includes provisions on working hours, remuneration, entitlement to vacation, notice periods, and other contractual agreements. Without a written employment contract, uncertainties can arise, and in case of disputes, you may have less legal protection.
If your employer does not provide you with a written employment contract, I recommend requesting this in writing. Give your employer a reasonable deadline to prepare and hand over the contract. If your employer does not comply with this request, you may seek the assistance of a labor law attorney to enforce your rights. In this case, filing a lawsuit for the preparation of an employment contract before the labor court may be necessary.
To protect yourself from potential conflicts with your employer, I advise you to document all important information and agreements in writing. Keep records of working hours, discussed regulations or agreements, and communicate in writing with your employer to avoid misunderstandings. In case of disagreements, try to first have a conversation with your employer and seek a mutually agreed solution.
If conflicts still arise, you have various options to protect your interests. You can seek the assistance of a labor law attorney to assert your rights and potentially reach an out-of-court or court settlement. Additionally, as an employee, you have the right to approach a works council or union for support with labor law questions or conflicts.
I hope that my response has provided clarity and I am available for further questions. If you require legal assistance, please do not hesitate to contact me.
Best regards,
Bernhard Vollmann
Labor Law Attorney
