Wegweiser Employers · Duties for small businesses and households Deutsch

📄 Employment contract and Nachweisgesetz

The employer must document the most important contract terms in writing, with fixed deadlines from the first working day. Violations can cost up to €2,000.

employment contract Nachweisgesetz NachwG written record probation period text form fine

In brief

You may in principle also conclude an employment contract orally. Even so, you must record the most important terms in writing and hand them to the person. This is regulated by the Nachweisgesetz (Documentation of Employment Terms Act).

Deadlines:

  • On the first working day: names, address, pay and working time.
  • At the latest on the seventh calendar day: for example details on the probation period.
  • At the latest after one month: the remaining details.

Since 1 January 2025, text form (§ 126b BGB) is sufficient: you may send the record electronically, for example by e-mail, if it is accessible to the person and can be saved and printed, and you have the receipt confirmed. The person can demand a written record at any time. In the sectors of § 2a SchwarzArbG, written form still applies.

Anyone who does not hand over the record, or not on time, can receive a fine of up to €2,000.

Step by step

  1. Check your templateCheck whether your contract contains all mandatory details (list in the in-depth section).
  2. Details at start of workHand over names, address, pay and working time at the latest on the first working day.
  3. Remaining pointsProbation period by the seventh calendar day, everything else within one month.
  4. Document receiptHave receipt confirmed and keep the copy.

Deadlines

first day of work
Names, address, pay, working time§ 2 Abs. 1 NachwG
seventh calendar day
Further details, e.g. probation period§ 2 Abs. 1 NachwG
one month
Remaining details§ 2 Abs. 1 NachwG
up to €2,000
Fine for violation§ 4 NachwG
Watch out – common mistakes
  • Since 1 January 2025 (BEG IV), text form (§ 126b BGB) is sufficient, including electronically, if the document is accessible, can be saved and printed and you request confirmation of receipt (§ 2 Abs. 1 Satz 2 NachwG). On request, a written record must be handed over at any time (sentence 3). In the sectors of § 2a SchwarzArbG, written form applies (sentence 6); electronic form (§ 126a BGB) is excluded (sentence 8).
  • If something essential changes later, the change must also be communicated (§ 3 NachwG, wording not evaluated here).
  • Fixed-term contracts additionally require the contract to be in written form (§ 14 Abs. 4 TzBfG).
  • The record does not replace the contract; contradictory statements lead to disputes.
In depth · legal basis, figures and practice – for advisers and professionals

Content (§ 2 Abs. 1 Satz 7 NachwG)

According to the law, at least the following must be included: contracting parties, start of the employment relationship, the duration if fixed-term, place of work, activity, an agreed probation period, composition and amount of pay, agreed working time, shift system, rules on work on call, overtime, leave, further training, company pension scheme, the procedure on termination and a reference to applicable collective agreements.

Deadlines

According to the statute, the written record with the details of names, address, pay and working time must be handed over "at the latest on the first day of work", further details, including on the probation period, "at the latest on the seventh calendar day after the agreed start", the remaining ones within "one month". Which detail falls into which stage is set out in § 2 Abs. 1 NachwG; here the stages were only checked in outline.

Form

Since 1 January 2025 (Bürokratieentlastungsgesetz IV), under § 2 Abs. 1 Satz 2 NachwG, text form (§ 126b BGB) is possible electronically if the document is accessible to the employee, can be saved and printed, and the employer requests confirmation of receipt. Under sentence 3, the employee can demand a written record at any time. Sentence 6: This does not apply to the sectors of § 2a SchwarzArbG (written form there). Sentence 8: Electronic form (§ 126a BGB) is excluded.

Fine

Under § 4 NachwG, anyone commits an administrative offence who does not hand over essential contract terms, or not correctly, not completely, not in the prescribed manner or not on time. The fine is up to €2,000.

Private household

Exceptions for private households are not apparent in the statutory extracts checked; the completeness of all special rules (e.g. short-term temporary workers) was not checked.

Who is responsible
  • Lawyers specialising in employment law, or employers' association
  • Chamber of Industry and Commerce or Chamber of Crafts (model contracts for members)
  • Labour court (Arbeitsgericht) in case of dispute
Further reading
Fixed-term employment contractsDismissal in a small businessGranting leave

Quick questions

Worum geht es bei „Employment contract and Nachweisgesetz“?
The employer must document the most important contract terms in writing, with fixed deadlines from the first working day. Violations can cost up to €2,000.
Which deadlines and figures matter?
  • first day of work: Names, address, pay, working time (§ 2 Abs. 1 NachwG)
  • seventh calendar day: Further details, e.g. probation period (§ 2 Abs. 1 NachwG)
  • one month: Remaining details (§ 2 Abs. 1 NachwG)
  • up to €2,000: Fine for violation (§ 4 NachwG)
What should I do first?
  • Check your template: Check whether your contract contains all mandatory details (list in the in-depth section).
  • Details at start of work: Hand over names, address, pay and working time at the latest on the first working day.
  • Remaining points: Probation period by the seventh calendar day, everything else within one month.
What do I need to watch out for?
  • Since 1 January 2025 (BEG IV), text form (§ 126b BGB) is sufficient, including electronically, if the document is accessible, can be saved and printed and you request confirmation of receipt (§ 2 Abs. 1 Satz 2 NachwG). On request, a written record must be handed over at any time (sentence 3). In the sectors of § 2a SchwarzArbG, written form applies (sentence 6); electronic form (§ 126a BGB) is excluded (sentence 8).
  • If something essential changes later, the change must also be communicated (§ 3 NachwG, wording not evaluated here).
  • Fixed-term contracts additionally require the contract to be in written form (§ 14 Abs. 4 TzBfG).
Evidence
  • NachwG § 2, gesetze-im-internet.de, retrieved 20 September 2026
  • NachwG § 4, gesetze-im-internet.de, retrieved 20 September 2026
  • TzBfG § 14 Abs. 4, gesetze-im-internet.de, retrieved 20 September 2026
As of

September 2026 · Sources and method

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