← BlogJuly 22, 20225 min readEditorial teamDEUAENRU
For Companies
Germany’s Nachweisgesetz 2022: What Employers Must Do from 1 August
From 1 August 2022 much stricter documentation duties apply to employers. Anyone using employment contracts should check their templates now, including for temporary helpers and seasonal workers.
What is changing?
With the implementation of the EU directive on transparent working conditions, the Nachweisgesetz (Employment Conditions Documentation Act) is being extended. Employers must document the essential working conditions in more detail and hand them to the employee in writing. The new rules apply to all employment relationships starting on or after 1 August 2022. The former exemption for temporary helpers working up to one month no longer applies.
Which details are now required?
Besides names, address, start date and pay, these include:
- End date for fixed-term contracts
- Place of work and job description
- Length of the probation period
- Composition and amount of pay including supplements, bonuses and overtime pay, as well as due date and method of payment
- Agreed working hours, breaks and rest periods, and the shift system for shift work
- Overtime arrangements
- Notice periods and the termination procedure
- Reference to applicable collective agreements
Which deadlines apply?
The parties’ names, pay and working hours must be available by the first working day at the latest. Most other details, such as place of work, duties and probation, must be handed over by the seventh day after work begins, and all remaining ones within one month. Material changes must be notified in writing at the latest on the day they take effect.
Form and fine
The document must be in writing, signed by the employer and handed over. A purely electronic form is not sufficient. Violations are regulatory offences and can be fined up to €2,000.
What does this mean for existing contracts and deployments via providers?
Contracts concluded before 1 August 2022 do not have to be adapted automatically. If the employee requests the document, it must be handed over within seven days. Those using external staff should also have the provider confirm that its contract documents meet the new requirements. More on how cooperation works in Working with a Staffing Provider.
Checklist for employers
- Review and extend employment contract templates
- Include seasonal workers and temporary helpers
- Build the deadlines into onboarding
- Hand over signed documents and have receipt acknowledged
- Request current contract documents from providers
Frequently asked questions
When does the new Nachweisgesetz apply?
To all employment relationships starting on or after 1 August 2022. For older contracts only on the employee’s request.
Does it apply to temporary helpers and seasonal workers?
Yes. The former exemption for helpers up to one month no longer exists.
Is a digital contract enough?
No. The document must be in writing with the employer’s signature.
What fine applies for violations?
Up to €2,000 per violation.
