With regard to a number (of terms) of employment contracts the legislator has imposed certain formal requirements. As a rule these refer to the requirement of a document or obligatory statements within this document. They are not so much intended to facilitate the furnishing of proof but rather aim at a better protection of employees. The sanctions applied clearly demonstrate this. In the event of noncompliance with the formal requirements these sanctions often prescribe a legal situation which is more favourable to the employee than that in which he/she would have found himself/herself if the formal requirement had been respected.

SECTION 1. PRINCIPLES

An open-ended employment contract does not necessarily need to be laid down in writing. If the opposite has not been explicitly recorded in writing, every contract of employment is supposed to be for an unlimited period.

Conversely, all other employment contracts must be laid down in writing, such as the fixed-term employment contract, a contract for a specified task, or a contract for a replacement.

The same applies to – despite the unlimited period – student contracts46 and contracts for part-time employment.

All written employment contracts must be drawn up in duplicate and signed, at the latest, at the moment of commencement of the employment.

SECTION 2. ELECTRONIC SIGNATURE

An electronically signed employment contract is put on a par with a signed employment contract on paper, provided that it is archived with a records department.