This is a preview. Log in to read the full article. Don't have a log-in?

Learn More Request a Demo

Germany: Contracts of employment

Updating author: Thomas Leister, Osborne Clarke, Germany

Original author: Karen Ullmann

See the legal services provided by the author of XpertHR International > Germany, including any discounts/offers for subscribers.


  • 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)