With effect from 1 August 2022, the German Act on Proof of the Essential Working Conditions (Nachweisgesetz – “Act on Proof”) will undergo the most comprehensive reform since it entered into force in 1995. The government draft now presented provides a clear picture of the planned changes and, with regard to the existing written form requirement, of the legislator's lack of will to reform. The planned changes will have an impact on drafting and concluding employment contracts and provide for fines in case employers do not comply with the reformed Act on Proof in the future. An overview in the course of the ongoing reform of the Act on Proof.
The underlying reason for the reform of the Act on Proof is the Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union ("Directive") adopted by the European legislator, which the German legislator must transfer into national law by 1 August 2022. A first outlook on the reform of the Act on Proof was already provided by the draft bill of the Federal Ministry of Labour and Social Affairs from January 2022.
Based on the draft bill, a government draft has now been published. On 23 June 2022, the German Bundestag is scheduled to vote on the legislative reform, which, inter alia, affects the Act on Proof. According to the current status, no significant changes to the government draft are to be expected and it is most likely that the draft will be cast into law as currently...
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