The Fourth Bureaucracy Relief Act, which came into force on 1 January 2025, provides for numerous simplifications of previously applicable cumbersome formal requirements in the area of labour law.
We have summarised the most important items below:
Overview
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Permanent employment contracts can be concluded in text form
Text form is sufficient for the effective conclusion of employment contracts. The written form requirement, i.e. the original signature under the contract by both parties, is no longer necessary. The contract can also be exchanged between the parties in text form, e.g. via email or a messenger programme. The prerequisite is that the document is accessible to the employee, e.g. in their email inbox and can be saved and printed by them.
Important to know:
- Employers must ask their employees to confirm receipt of the employment contract in text form.
- Employers only have to issue an employment contract in writing at the express request of the employee or if no proof of receipt is issued.
- For employees in the sectors affected by § 2a Abs. 2 SchwarzArbG, the written form requirement for the employment contract remains as before.
- Fixed-term employment contracts in accordance with the Part-Time and Fixed-Term Employment Act must continue to be concluded in writing . The written form requirement can be replaced by the electronic form of § 126a BGB, i.e. with a qualified electronic signature.
- Post-contractual non-competition covenants pursuant to § 74 HGB must be in writing. The written form requirement can be replaced by the electronic form of § 126a BGB, i.e. with a qualified electronic signature.
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Parental leave applications and applications for part-time work during parental leave, §§ 16 Para. 2 Sentence 1, 15 Para. 7 BEEG
The entitlement to parental leave and the entitlement to part-time work during parental leave can be asserted by employees in text form to the employer from 1 May 2025. The employer can also confirm or reject the application in text form.
Important to know:
- To avoid negative consequences, employers should ask their employees to confirm receipt of the parental or part-time leave request during parental leave or the rejection of the request.
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Applications for carers’ leave
The application for carer’s leave or family carer’s leave can be submitted by the employee in text form. The same applies to confirmation by the employer.
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Interim and final references and training certificates in electronic form, §§ 630 BGB, 109 GewO
Interim and final references as well as training certificates can be issued in electronic form by the employer or the training company.
Important to know:
- A prerequisite for the digital issuance of the certificate by the employer is mandatory compliance with the qualified electronic signature.
- The disadvantage of this is that the qualified electronic signature specifies the time at which it was issued. This may be a negative aspect when issuing certificates, as the issue of the certificate must always coincide with the last day of the employment relationship.
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Temporary employment contracts, § 12 para. 1 sentence 1 AÜG
The BEG IV makes it considerably easier to conclude temporary employment contracts: The written form requirement has been removed and AÜG contracts can now be concluded in text form, e.g. by email or text message.
Important to know:
- Temporary employment agencies no longer have to fear that a breach of the formal requirement will result in the AÜG contract being deemed null and void, with the resulting administrative offences and fines.
- Likewise, the fiction of the employment relationship between the temporary worker and the hirer, and thus a change in the employer’s obligations, associated with a breach of the written form of the AÜG contract no longer applies.
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Fixed-term employment contracts in text form; § 41 para. 2 of the German Social Security Code IV (SGB IV)
Almost every employment contract contains the provision that the employment relationship ends when the employee reaches the standard retirement age.
The text form is now sufficient for the conclusion of a fixed-term retirement agreement between the parties to the employment relationship, either in the employment contract or in an addendum.
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Laws that must be posted in the company
Employers must displaynumerous laws such as the General Equal Treatment Act (AGG), the Working Hours Act (ArbZG), the Youth Labour Protection Act (JArbSchG), the Occupational Safety Act (ASiG) etc. in the company for employees to inspect.
The Working Hours Act and the Youth Labour Protection Act can now also be made available to employees in the company by the employer using the usual information and communication technology, e.g. on the company intranet.
For all labour law matters, please contact me at willert@haerting.de.