What has changed
Until the end of 2024, the essential contractual terms had to be recorded in writing under the Evidence Act (Nachweisgesetz), i.e. with a handwritten signature, and handed to the employee. Under the Fourth Bureaucracy Relief Act, text form now suffices, for example an e-mail with a PDF attachment.
The document must be accessible to the employee and capable of being stored and printed, and the employer must ask the employee to confirm receipt when sending it. The employer should keep this confirmation of receipt.
Where written form still applies
- Certain sectors. In the sectors listed in § 2a of the Act to Combat Undeclared Work, such as construction, hospitality, building cleaning or logistics, evidence in text form is excluded.
- At the employee's request. If the employee requests written evidence, the employer must provide it without delay.
- Fixed terms. A fixed term in an employment contract still requires written form (§ 14(4) TzBfG). If it is agreed only by e-mail, it is invalid – the employment relationship is then deemed to be of indefinite duration. Relief applies only to agreements that employment ends on reaching the statutory retirement age.
- Dismissal and termination agreements. Both require written form under § 623 BGB, electronic form is expressly excluded.
- Post-contractual non-compete clauses. These are binding only if agreed in writing and the employee receives a document signed by the employer (§ 74(1) HGB).
Deadlines and consequences
The names and addresses of the parties, the remuneration and the working hours must be evidenced on the first working day at the latest. Further details, such as the start date, place of work, duties and probationary period, follow by the seventh calendar day, and the rest within one month.
Breaches are administrative offences and can be punished with a fine of up to EUR 2,000 per case. The validity of the employment contract itself is not affected.
Our recommendation
For employers: Use text form for the evidence, but not for agreements that must still be concluded in writing. Contracts with a fixed term or a non-compete clause should continue to be signed by both parties. Keep records of the confirmations of receipt.
For employees: You can request written evidence. If you have received a fixed-term contract only by e-mail, it is worth having it reviewed – the fixed term may be invalid.
