As part of the employment contract, the employee undertakes to work towards the employer, and the employer to pay. The contract is concluded informally, i.e. verbally, in writing or by implication (through conclusive action). Of course, it makes sense to conclude the employment contract in writing, which is usually the case.
If the employer and employee have not concluded a written contract, the Evidence Act obliges the employer to provide the employee with written “evidence” with the essential contractual conditions within a period of one month after starting work.
The purpose of this provision is to give the employee a written document with which he can also prove his agreements that he has made with the employer in case of doubt.
Contents of the employment contract
The main contractual conditions that are stipulated in the Evidence Act relate to the topics that should usually be regulated at least within the framework of an employment contract.
Essential contractual conditions of an employment contract:
- Name and address of the contracting parties
- the time of the start of the employment relationship
- in the case of fixed-term employment relationships, the foreseeable duration of the employment relationship
- the place of work
- Description of work activity
- Amount of wages
- other payments such as bonuses, allowances, etc.
- the agreed working hours
- Notice periods
- A general reference to the collective agreements, company and service agreements that apply to the employment relationship.