Germany: Contracts of employment

Updating author: Thomas Leister, Osborne Clarke, Germany

Original author: Karen Ullmann

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Summary

• A contract of employment is established when an offer is made by an employer and accepted by an employee with the intention to create a legal relationship. (See General)
• There is a legal definition of an "employee", whose contract of employment may be ongoing or for a fixed term. (See Types of contract)
• Generally employers must provide employees with a written statement of their main contractual terms. (See Written statement of terms of employment)
• Rules in German contract law regarding "standard business terms" apply to most employment contracts. (See Standard business terms and employment contracts)
• Employers can include confidentiality provisions in the employment contract. (See Confidentiality clauses)
• If an employer cannot reach agreement with an employee regarding varying their terms, it may dismiss the employee and offer a new contract. (See Dismissal for variation of contract)