On 23 June 2022, the German parliament passed a bill to implement an EU directive on transparent and predictable working conditions into German law.
Changes to the German Evidence Act (Nachweisgesetz – NachwG) are of particular relevance for employers in Germany. Existing requirements to evidence certain employment conditions have been supplemented and new requirements have been added. The new requirements apply to all employment relationships which commence on or after 1 August 2022. As a consequence, all employers in Germany will need to update their template employment agreements to ensure that they include the newly required information. For employment relationships already in place before this date, employees can request that the information is provided separately.
In particular, the following requirements will apply going forward:
Probationary period: To the extent agreed, the duration of the probationary period must be specified (Section 2 para. 1 sent. 2 no. 6 NachwG);
Overtime: To the extent agreed, the possibility to request overtime work and the conditions for requesting this (Section 2 para. 1 sent. 2 no. 10 NachwG) as well as remuneration for overtime, payment due dates and the method of payment must be specified (e.g. cash payment / wire transfer) (Section 2 para. 1 sent. 2 no. 7 Na-chwG);
Breaks and rest periods: Information relating to breaks and rest periods must be included (Section 2 para. 1 sent. 2 no. 8 NachwG);
Shift work: To...
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