Working papers

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In Germany, working papers are understood to mean the entirety of certificates and documents that the employee must present to his employer when entering into an employment or employment relationship and, if necessary, in the event of subsequent changes, and those that the employer must hand over to the employee at the end of the employment relationship . The working papers serve in particular for proper personnel administration and payroll accounting or as evidence for the employee when establishing a follow-up employment relationship or when applying for social benefits.

Documents and documents

The working papers include:

Handover obligation

The employer is obliged to hand over the working papers; the employee can bring this claim before the labor courts. As far as the correction of an incorrect entry on the income tax card is concerned, the tax courts are responsible.

Basically, the employee has to collect his / her work papers from the employer ( debt to collect ). According to Section 242 of the German Civil Code (BGB) , the employer may be required in individual cases to forward the working papers to the employee ( dispatch obligation ).

proof

  1. ^ BAG, decision of June 11, 2003, Az. 5 AZB 1/03, full text
  2. ↑ With regard to the job reference, decided by the BAG, judgment of March 8, 1995, Az. 5 AZR 848/93, full text