Fragen aus dem Arbeitsrecht: Den neuen Job ohne Arbeitsvertrag beginnen – geht das?
Angestellt im neuen Job, aber es gibt keinen schriftlichen Arbeitsvertrag oder er lässt auf sich warten? Muss ich trotzdem am vereinbarten ersten Arbeitstag erscheinen? Das gilt.
Starting a new job without an written employment contract is legally possible. "A written employment contract is not necessarily required," explains Labor Law specialist Jakob T. Lange. "I can also conclude an effective employment contract through a handshake." Nevertheless, he advises having the main contract conditions in written form and signing them.
"Otherwise, it could become difficult during possible disputes." A written documentation of essential conditions is required by the Evidence Act. "But this Act is a toothless tiger," says Lange. Non-compliance will only result in a fine. "This is not really discouraging and does not help the employee in their specific situation when it comes to a detail in the agreed employment contract."
Employment should always commence, even if the employment contract was verbally agreed upon but not yet in written form. If the essential conditions were already verbally agreed upon, employees must start work on the agreed date and employers must provide employment, even if they have not yet signed the contract in hand. If they refuse to start work without the contract, they will not receive any money for the missed days.
"The contract has already been concluded, so an employee or worker must comply with their corresponding obligations," says the specialist.
Written by urgent.news from Handelsblatt's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
