The EU Directive 2019/1152 on Transparent and Predictable Working Conditions in the European Union of 20 June 2019 ("Working Conditions Directive") leads to a reform of the German Act on Proof of Working Conditions Governing an Employment Relationship [Nachweisgesetz, NachwG] and includes an extensive catalogue of new notification obligations for employers. It also sets new minimum requirements for working conditions. The Directive must be transposed into national law by the EU member states by 1 August 2022. The federal government recently presented its first draft bill to this end, which is scheduled for final consideration by the Bundestag on 23 June 2022. In particular, this draft bill provides for new obligations – punishable by fines for the first time - for employers to provide evidence, as well as restrictions on probationary periods in fixed-term employment contracts. As things stand at present, no significant amendments to the content of the government draft are expected.
As of 1 August 2022, these changes will have to be observed in all new employment contracts. For old contracts, this only applies if the employee requests corresponding documentation.
We have summarised the most important points for you below.
Fixed-term employment contracts may only be terminated with due notice if the termination is expressly reserved in the individual contract or agreed by collective bargaining...
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