In Germany, freedom of contract prevails and there are few restrictions when it comes to drafting contracts. What initially sounds like a lot of freedom can become complicated in practice - especially if there are disagreements between the contracting parties.
The rights, obligations and claims of employees and employers are regulated in the employment contract. This can be relatively short and simple, but can also be very extensive and complicated. This can depend on the sector of the company and the complexity of the job. Ideally, the employment contract is clear and provides a binding framework in the event of conflicts of interest, but in individual cases it can also contain hidden traps or even illegal clauses.
Typical traps in employment contracts
Typical points of contention are overtime pay and the payment of bonuses or special payments. If a company has several branches, the employment contract should specify exactly where you will be working in the future and how to proceed in the event of an impending transfer. There are a number of pitfalls when it comes to vacation entitlement; it is not just the number of days that need to be taken into account, but also, for example, regulations regarding remaining leave or within the probationary period.
In our checklist you will find ten of the most important aspects that should be regulated in the employment contract.
Checklist employment contract:
- Employment contract should always be in writing
- exact designation of the two contracting parties.
- Exact start - and end in the case of a fixed term - of the employment relationship
- Place of employment
- Description of the activity to be carried out
- Specific working hours and payment
- Compensation for overtime
- Vacation entitlement
- Possibility and type of secondary employment
- Rights and obligations in the event of illness
Have your employment contract checked: Costs and options
Ideally, you should have your employment contract checked before you sign it. Experts will clarify unknown wording, check the effectiveness of all clauses, point out risks and, if necessary, make alternative suggestions that can be incorporated into the contract. However, it can also make sense to have your contract checked during an ongoing employment relationship, for example to check the legality of certain company practices.
With Recht24-7 you can have your employment contract checked. Comprehensively, quickly and at a fixed price.
Have your employment contract checked219,00 EURO - processing in 24h
