Employment contracts
A contract of employment may be concluded in writing, verbally or implicitly (e.g. commencement of the activity with subsequent payment). Apprenticeship agreements must be concluded in writing.
Legally, a distinction is made between a contract of employment (Arbeitsvertrag), a freelance contract (freier Dienstvertrag) and a contract for works (Werkvertrag).
Dienstzettel
If no written contract of employment is concluded, employees and independent (freelance) contractors receive a statement of terms and conditions (Dienstzettel) immediately on commencement of the employment relationship.
A "Dienstzettel" must contain the following information:
- name and address of the employer
- name and address of the employee
- date on which the employment relationship began
- normal place of work
- any classification in a general system
- intended assignment
- basic salary or wages
- any additional emoluments (e.g. bonuses)
- date payable
- annual leave entitlement
- contractual normal daily and weekly working hours
- indication of the collective agreement or works agreement applicable
- period and term of notice
- date when the employment relationship is to end (if the employment relationship is for a defined period)
Changes to the contract of employment may not be less favourable to employees than the provisions of existing legislation, collective agreements or works agreements. Illegal or unfavourable changes should be reported to the works council, the Chamber of Labour or the trade union.
Special provisions apply to contracts for works (Werkverträge).
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