The German employment contract – What do I need to consider?
You will usually receive a fully pre-formulated employment contract in which only a few points are negotiable.
As this is therefore a contract that resembles general terms and conditions, numerous restrictions apply to the employer. In particular, the contract cannot unilaterally and unreasonably disadvantage the employee. All clauses that violate German law are invalid and in case of doubt the statutory regulation applies.
The following points are generally negotiable for the employee:
- Salary
- Vacation days
- Regulations on the use of company cars
- Contract term
Make sure that verbal side agreements, such as promises of salary increases or promotions, have no legal relevance. In case of doubt, what counts is what is written in black and white in your contract.
You absolutely need an original signed copy of your employment contract – preferably before your first day of work – which you should keep in a safe place and ideally also digitize so that it cannot be lost.
You often also need to send your employment contract digitally, for example if you want to rent an apartment or apply for a loan.
When you sign the employment contract, you are obliged to comply with all the provisions of the employment contract, the company regulations and existing work instructions. You are expected to comply with data protection regulations and implement all occupational safety measures that you are instructed on. Although limited employee liability applies in Germany, you can certainly be held liable for gross breaches of duty and gross negligence.
Therefore, ask whether you can be provided with translated or digital versions of company regulations and instructions so that you can familiarize yourself with them at your leisure. Under no circumstances should you get the idea: “It’s all in German anyway. I don’t understand, I’ll save myself the trouble.”
Health and safety instructions in particular serve above all to protect your health and should therefore not be ignored lightly.
