The Nachweisgesetz (Verification of Employment Conditions Act) requires employers to record the essential working conditions and give them to the employee. Since 1 January 2025 this can also be done electronically in text form (Textform), for example by email or PDF, as long as the document is accessible, storable, and printable and the employer asks for confirmation of receipt. For certain cases, such as a fixed term (Befristung), strict written form remains. Breaches can be fined.
At a glance
- The employer must record the essential working conditions and give them to the employee; the core details are due on the first working day
- Since 1 January 2025, text form (Textform, e.g. email or PDF) is sufficient, provided the document is accessible, storable, and printable and the employer asks for confirmation of receipt
- Mandatory content includes, among others: the parties, start date, place of work, role, pay and its components, working hours, holiday, notice periods, and references to collective agreements (Tarifverträge)
- Exceptions to text form remain: a fixed term (Befristung) under the TzBfG still requires written form with a handwritten signature
- A breach of the recording duty can be treated as a regulatory offence (Ordnungswidrigkeit) and fined
FAQ
What changed in the Nachweisgesetz in 2025?
Since 1 January 2025, the essential working conditions may be recorded in electronic text form (Textform). Before, strict written form with a signature was mandatory.
Is the employment contract enough as the record?
Yes, if it contains all the details required under the Nachweisgesetz. Then no separate document is needed. If details are missing, they must be recorded separately.
By when must the record be provided?
The most important details, such as the parties, pay, and working hours, are due on the first working day; further details within staggered deadlines of up to one month.
What happens in the event of a breach?
A breach of the recording duty is a regulatory offence (Ordnungswidrigkeit) and can be fined. It also creates evidential disadvantages in disputes about the working conditions.
Reviewed by: Legal Team, Leapsome · Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
