Evidence Act
| Basic data | |
|---|---|
| Title: | Law on proof of the essential conditions
applicable to an employment relationship |
| Short title: | Evidence Act |
| Abbreviation: | NachwG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Employment Law |
| References : | 800-25 |
| Issued on: | July 20, 1995 ( BGBl. I p. 946 ) |
| Entry into force on: | July 28, 1995 |
| Last change by: |
Art. 3a G of 11 August 2014 ( Federal Law Gazette I p. 1348, 1355 ) |
| Effective date of the last change: |
August 16, 2014 (Art. 15 G of August 11, 2014) |
| GESTA : | G011 |
| Please note the note on the applicable legal version. | |
The German Nachweisgesetz obliged employers , the principal terms of an employment contract record, the transcript to be signed and the workers handed. This must be done no later than one month after the start of the employment relationship if the employment relationship lasts longer than a month. The same applies if essential contractual conditions are changed later. The law specifies obligations within the framework of individual labor law .
Section 2 NachwG specifies the minimum content to be documented in the minutes. These include
- Names and addresses of the contracting parties
- Time of commencement of employment
- in the case of a fixed-term contract, the planned duration of employment
- the place of work, a reference to changing locations
- a job description
- the amount of remuneration including supplements
- agreed working hours
- Duration of the annual recreational urlaubs
- Notice periods
- Reference to collective agreements , company or service agreements applicable to this employment relationship.
If the employer does not fulfill his obligation, the employment contract is valid nonetheless (declaratory effect) . However, by breaching the obligation to provide evidence, the employer is in default and is liable to the employee for compensation for the damage caused by the delay (cf. § 280 BGB ), e.g. B. for the fact that the employee has missed an exclusion period from this collective agreement due to the lack of reference to a valid collective agreement and his entitlement has therefore expired. In the event of a dispute before a court, evidence that has not been provided can also have an effect in favor of the employee in that he is given easier evidence.
The European Directive 91/533 / EEC is implemented in German law through the Evidence Act.
Web links
Individual evidence
- ↑ Federal Labor Court of April 17, 2002, Az. 5 AZR 89/01.
- ↑ Directive 91/533 / EEC (PDF) .
