What should a employment contract look like in order to be legally valid?
April 2, 2024 | 40,00 EUR | answered by Alexander Lenzner
Dear lawyer,
My name is Lilli Zollmann and I have been working at a medium-sized company for several years. So far, I have not had a written employment contract, only verbal agreements with my employer. However, recently my boss presented me with an employment contract that he would like me to sign.
My concern now is that I am not sure if this contract is legally valid and what rights and obligations I have as an employee in it. I have heard that there are some important elements that must be included in an employment contract for it to be valid. Unfortunately, I am uncertain if these are included in the contract at hand.
Could you please explain to me what points an employment contract must absolutely include in order to be legally valid? What rights and obligations do I have as an employee in such a contract? Are there specific wordings that I should pay attention to as an employee?
I would greatly appreciate it if you could help me with this question, as the legal situation surrounding my employment contract is very important to me.
Thank you in advance for your assistance.
Sincerely,
Lilli Zollmann
Dear Mrs. Zollmann,
Thank you for your inquiry regarding your employment contract. It is understandable that you are concerned about whether the contract is legally valid and what rights and obligations you have as an employee. A written employment contract is generally recommended as it clearly defines the agreements between employer and employee and prevents disputes.
An employment contract must include certain points in order to be legally valid. These include information about the employer and employee, the specific job title, the working hours, the salary or compensation, regulations regarding vacation entitlement, notice period, and workplace location. Important clauses such as confidentiality agreements, non-disclosure agreements, non-compete clauses, or overtime regulations may also be part of the contract.
As an employee, you have certain rights and obligations in the employment contract. Your rights may include entitlement to fair compensation, vacation days, sick pay, maternity leave, parental leave, and more. Your obligations may include fulfilling your working hours, complying with company agreements, maintaining confidentiality, and exercising care in handling company assets.
It is important for you as an employee to pay attention to certain wording in the contract. Make sure that all important points are clearly and understandably formulated. If something is unclear to you, be sure to ask questions and request changes to the contract if necessary. It is advisable to have the contract reviewed by a professional before signing it to ensure that it aligns with your interests.
I hope that this information has been helpful to you. If you have any further questions, please feel free to contact me.
Sincerely,
Alexander Lenzner
Lawyer
