The employment contract

They have left the application process behind, mastered it with flying colors and already have the verbal commitment.

However, before you can start in the new company, one thing is essential: the employment contract.

But what is an employment contract anyway and is it essential for the employment relationship?

The employment contract is even very important for employment because it regulates both the rights and obligations of employees and employers (unless required by law or collective agreement).

The main duty of the employer is basically the payment of pay and that of the employee in the work performance.

The employment contract has an influence on the entire working life in the company. One should therefore attach great importance to him.

How does an employment contract come about?

An employment contract is basically not bound to any form. This means that you can complete it in writing, verbally or by a "conclusive action" (somebody performs a work that another accepts). However, if there is no written employment contract, then the employer must at least provide the employee with a job slip. If the employer does not hand out a service note, you should request it in writing by registered letter. If the delivery does not happen, you can enforce it by means of an action in the Labor and Social Court.

In principle, it is advisable to record the employment contract in writing. Because then you will later also have a legal proof of what has been agreed with the employee.

Which contract types are there?

Before setting up the employment contract, it should be agreed which type of contract will be used. Should it be a temporary or permanent. In the case of an indefinite term, the employment relationship is terminated after a certain time or purpose.

Special rules for the employment contract apply if the work involves an activity abroad. Then in principle the regulations of the respective country apply.

What should be included in the employment contract?
(Not all points must be included)

Job title and job description
Start and end of employment
probation
Payment
Working hours and place of work
overtime
Vacation
Holiday and Christmas bonus
notice periods
Part-time employment
Confidentiality obligations
competition clauses

But what if changed is changed?

The employer must notify the employer in writing of any changes relating to the content of the service slip within one month. Individual contractual changes can only be changed with the consent of both parties. If the employer makes a change without consent, you should immediately object in writing. Exceptions are, for example, changes resulting from new statutory collective bargaining provisions.