We would like to inform you about the amendments to the German Nachweisgesetz (Verification Act), adopted on 23 June 2022. The German government has hereby implemented Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union of 20 June 2019 (Working Conditions Directive). The new laws will come into force on 1 August 2022. As breaches of the Verification Act can result in fines of up to EUR2,000, you should amend your standard employment contracts in good time, in our view this will be necessary for every business. Below you will find the most important changes to the Verification Act:

• Even before the implementation of the Working Conditions Directive, under the Verification Act it was required to confirm the essential working conditions in wet-ink (e.g. by way of a handwritten signature). This remains the case, e-signatures are excluded, even though the Working Conditions Directive explicitly allows the electronic form. It is incomprehensible that the German legislator has not taken up this option in the digital age.
• For the first time, however, violations of certain provisions of the Verification Act are to be treated as administrative offences, each of which can be punished with a fine of up to EUR2,000. Thus, if a company confirms the essential working conditions of employees with a qualified electronic signature instead of in wet-ink, this can lead to a fine. We therefore strongly recommend that employment contracts are only...

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