Actual need for adjustment manageable
Yesterday, the Bundestag passed the law implementing Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on transparent and predictable working conditions in the European Union (OJ L 186 of July 11, 2019, p. 105). (“ Directive ”) adopted. Among other things, this provides for an amendment to the Evidence Act (NachwG), according to which employers must inform their employees in writing about the main working conditions. Companies will need further information for their employees, but there is no need to change employment contracts across the board. The clear rejection of digital employment contracts is more dramatic. An overview:
According to the current legal situation, the Evidence Act already provides that the employer hands over the essential (more detailed) contractual conditions to the employee in writing and signed in the original. The "electronic form", with which the written form can be replaced by a qualified electronic signature, is expressly excluded. As a rule, the requirements of the Evidence Act were met by handing over the signed employment contract. In order to implement the directive (and unfortunately also beyond that), the Evidence Act is now to be expanded and the documentation obligation should include the following components in particular:
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