Significant Tightening of the German Law on the Provision of Evidence
New Legislation Enacted
The German legislator must implement the requirements of the European Directive 2019/1152 (Directive on transparent and predictable Working Conditions) by August 1, 2022. The latest draft bill of the German legislator published in April 2022 plans a significant tightening of the German law on the provision of evidence. According to the draft, employers must hand over to employees a transcript of all essential working conditions, e.g., in the form of the employment contract, signed in original. Electronic form is excluded.
For the first time, employers must pay fines for violations of the Evidence Act. In view of the considerable criticism of this draft, it remains to be seen whether the Evidence Act will actually be tightened to such an extent. Since the law is expected to be enacted at very short notice, employers should monitor the legislative process in order to be prepared, especially amend their standard employment contracts and organize their signature processes. We will keep you updated as to any developments.
Recording of Working Hours and Distribution of the Burden of Presentation and Proof for Overtime Compensation
Precedential Decision by Judiciary or Regulatory Agency
On May 4, 2022, the Federal Labor Court ruled for the first time on the impact of the European Court of Justice’s 2019 ruling on the obligation of recording of working hours on German law. The Federal...
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