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Written form and deadline for when the employment contract must be in place
An employment contract must be in writing, cf. Section 14-5 of the Working Environment Act.
However, writing is not a requirement for validity, and an employment relationship can be established without a written agreement.
An oral agreement is just as binding as a written one, but a written agreement ensures clarity and predictability and reduces the risk of disagreements.
It has been established in case law that it is the employer who bears the risk of doubt about which working conditions have actually been agreed upon if the requirement for written form is not met.
A written employment contract must be in place no later than seven days after the employment relationship begins.
When hiring out labor and in employment relationships with a duration of less than one month, a written employment contract must be in place immediately, that is, at the beginning of the employment relationship.
Minimum requirements for the content of the written agreement
Employment contracts must contain information about matters of significant importance to the employment relationship.
The Working Environment Act Section 14-6 regulates what information the employment contract must contain.
An employment contract must, as a minimum, contain information about:
– The workplace
– A description of the work or the employee's title, position, or job category
– The time of commencement of the employment relationship
– In the case of temporary employment, the employment contract must state the expected duration and the basis for the employment, for example whether it is a temporary position. If the employer does not state that the employment relationship is temporary in the employment contract within seven days of the start of the employment relationship, it shall be assumed that the employee has permanent employment unless something else is made predominantly probable.
– Any probationary period. In the case of temporary employment, the probationary period may not exceed half of the duration of the employment relationship.
– Right to vacation and vacation pay, and determination of vacation time. Information about any right to other absence paid by the employer
– Notice periods, and information about procedures for terminating employment
– Agreed salary, and any other allowances and remunerations that are not included in the salary, such as pension contributions. The various elements that make up the salary, such as allowances and other remunerations, must be stated separately.
– Length and location of the daily and weekly working hours. If the working hours will vary, the employment contract must state this. If the employer has not provided information about the scope of the position, the employee's claim about the scope of the position must be taken as the basis unless something else is made predominantly probable.
– Breaks and break length
– Any agreements on special working hours arrangements, such as exemption from night work, or reduced working hours due to health
– Information on arrangements for shift changes, as well as arrangements for work beyond agreed working hours, including payment for such work
– Any collective agreements that regulate the employment relationship
– The identity of the hirer if the employee is hired from a staffing agency
– Information about the right to skills development if the employer offers this
– Information about benefits provided by the employer for social security, as well as the names of institutions that receive payments from the employer in this regard, such as information about contributions in the event of illness, childbirth, etc.
Do all employment contracts need to be changed?
The expanded content requirements apply primarily to new employment relationships and new employment contracts. Existing employment contracts do not need to be updated unless the employee requests it.
If the employee requests an updated agreement, the employer has an obligation to update the agreement within two months.
