The Evidence Act (Nachweisgesetz) requires employers to record the essential terms of employment in writing. Since 2025, text form is enough in many cases, but paper with a signature is still required in certain sectors and for certain terms.

When you need paper with a signature and when text form is enough

Since 1 January 2025, employment terms can be documented in text form – for example as a PDF sent by email – if the employee can access, save and print the document and the employer asks for confirmation of receipt. The exception is the sectors listed in Section 2a of the Act to Combat Undeclared Work (construction, hospitality, cleaning, logistics and others), where paper with a signature is still required. A fixed-term contract (Befristung) is in any case only valid if agreed in writing, signed by both parties, before work begins. The essential terms (the parties, pay and working hours) must be provided no later than the first working day.

The mandatory terms

The contract must contain: the names and addresses of the parties; the start date (and end date for a fixed-term contract); the place of work; a description of duties; the components and amount of pay, including bonuses, allowances and payment arrangements; and the agreed working hours, breaks and overtime rules (Überstunden).

The probation period (Probezeit) and termination

The usual probation period is up to six months (Section 622(3) BGB). During this period, a shortened notice period of two weeks applies, to any day of the month, without the need to give social or operational reasons (except for specially protected groups).

Holidays and overtime

The law sets a minimum of 20 working days' holiday for a five-day week (Bundesurlaubsgesetz), but 28–30 days is standard in the market. Clauses stating that “all overtime is fully covered by the salary” are held invalid by the courts: the contract must clearly specify how many hours of overtime per month are covered.

What to check

  • Sort out the contract before work starts: fixed-term contracts on paper with signatures, and in sectors covered by Section 2a SchwarzArbG the written statement of terms on paper too.
  • Clearly describe the duties and how any overtime will be paid.
  • State the exact length of the probation period and the notice rules.
  • Record the number of days of annual paid leave and the working schedule.

Example situation

An employer updated the company's standard contracts in line with the Nachweisgesetz, removing vague wording on overtime and setting a limit of 10 hours a month with separate compensation.

Next step

A well-drafted Arbeitsvertrag in the correct form prevents employment disputes and fines from the authorities.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.