Start of work without an employment contract?

Start of work without a contract

If you have made an agreement with your future employer that has not yet been set down in writing, an oral agreement is in place employment contract before. This is just as effective as a written employment contract.

• You can still start working without a written contract.
• Until a written employment contract has been concluded, in which individual regulations regarding the employment relationship can be regulated, at least the statutory regulations apply.
• These arise on the one hand from the German Civil Code, as well as from the collective agreements applicable to the respective industry.
• A lack of a written contract is also rarely problematic at the start of work. However, if you are informed within a very short time that you would like to forego your services, Employees are in the awkward position of having to provide evidence of employment and the agreed wage bill if z. B. the subsequent failure to pay wages must be sued.
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No written employment contract - observe legal regulations

The idea still haunts the country that without written ...

The right to an employment contract

• In order to counter this problem, the employer is obliged to contact the employee no later than one month The essential elements of his employment relationship must be set out in writing and signed at the start of work hand over.
• Which information the contract must contain, please refer to § 2 of Evidence Actit.
• If you start work at short notice, employment contracts are usually signed within the first two weeks.
• Since there are unfortunately no regulations so far on what should happen if the employer violates the obligation to provide evidence, In your own interest, speak to your employer in a friendly manner on the subject in the first month of the employment relationship on it.
• You personally have the right to exercise a right of retention in relation to your work or exercise. However, since you still have to prove that an employment contract has been concluded at all, such a procedure makes little sense. If you don't go to work, you might not even be able to call your work colleagues as witnesses, for example could confirm that you worked in the company and that you had at least an oral employment contract must have.
• You also have the option to sue for the written employment contract. However, you can certainly imagine that such a lawsuit will permanently cloud the relationship between you and the employer.

The options presented should therefore only be used in individual cases and should be discussed with a legal advisor beforehand. If your employer does not comply with your request for a written contract, you can also submit a draft contract yourself. Employers often react and of course change the employment contract according to their own ideas.