Schriftliche Zusage: Jobwechsel: Was ist eigentlich ein Letter of Intent?
Vor dem neuen Arbeitsvertrag unterschreiben manche Beschäftigte und Arbeitgeber einen Letter of Intent. Was die Absichtserklärung rechtlich bedeutet – und wann sie Folgen haben kann.
In Germany, when employees change jobs, it is common to conclude an agreement known as a Letter of Intent, or Absichtserklärung in German. This document serves as a declaration from both the new employer and the employee, expressing their intention to finalize a contract of employment. However, Kathrin Schulze Zumkley, an employment law specialist from Gütersloh, clarifies that a Letter of Intent is not always legally binding.
In many cases, it is merely a written document documenting the negotiation stage and the willingness of both parties to enter into a contract of employment. Schulze Zumkley notes that there are exceptions where a Letter of Intent can be interpreted as a binding preliminary contract. For this to happen, essential components of the employment contract such as position, salary, start date, and working hours must be clearly stated within the Letter of Intent, with no reservations.
Such a scenario is more likely to occur if both parties have signed the Letter of Intent. The key point is that the Letter of Intent must not be used for fraudulent purposes. If an employer withdraws a job offer without providing a reason, an applicant who has resigned based on the Letter of Intent may be entitled to seek compensation in certain circumstances.
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