From 1st August 2022, there will be important changes to the “Nachweisgesetz” (NachwG). The amendments to the NachwG are part of the law implementing the EU Directive (EU) 2019/1152 of the European Parliament and of the Council of 20th June 2019 on transparent and predictable working conditions in the European Union ("Working Conditions Directive").
What changes to the NachwG have been adopted?
The material terms of any employment contract must now be set out in writing in a more comprehensive and detailed manner than was previously the case. Different deadlines apply for providing the essential terms of the contract to employees. There is a fine of up to EUR 2,000 (administrative offence) if one of the material contractual terms listed in the NachwG is not provided to the employee at all, not provided correctly, not provided in its entirety, not in the prescribed manner or not in time. We have summarised the material contractual conditions and deadlines in this overview.
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Required Form
As an employer, you must put the material terms of the contract in writing, sign it and hand it over to the employee. Digital form is not permitted.
To which contracts do the new regulations apply?
The new regulations apply to all employment relationships that begin or are amended on or after 1st August 2022. If material contractual conditions are changed, they must be communicated to the employee in writing no later than the day on which they take effect.
In existing employment relationships an employee may request a written record containing the material contractual terms. In that case they must be provided to the employee no later than on the seventh day, or in some cases one month, after receipt of the relevant request.
What do you have to do to comply?
Adapt hiring processes.
Review and adapt employment contract templates to include the contractual terms and conditions to be set out in writing under the Nachweisgesetz.
Adapt current processes for contract changes.
Be prepared for employees in existing employment relationships demanding that the material terms of the contract be provided to them in writing within a period of seven days.
Do not hesitate to contact us if you have any questions or want to adapt your employment contracts and processes. We would be pleased to support you.