Wegweiser Employees · Rights at work Deutsch

🧭 Overview: rights and duties in employment

A first overview of the rights and duties that shape employment in Germany – and where to find more on the following pages.

Employment contract Nachweisgesetz (written terms act) Employer's right to give directions AGG Right to issue instructions Duty of loyalty

In brief

Employment is a contract: you owe your work, and the employer owes you pay, a duty of care and compliance with numerous protective laws. Much of this is not in the employment contract itself but follows from laws such as the Civil Code (BGB), the Written Terms Act (NachwG), the Trade Regulation Code (GewO) and the General Equal Treatment Act (AGG).

Under the so-called right to give directions (Direktionsrecht), the employer may decide where, when and how you work – but only within the limits set by the contract, the law, collective agreements and fair discretion. This page is an introduction; the following topic pages go into individual areas in more depth.

Step by step

  1. Read your employment contract in fullPay particular attention to the probation period, notice periods, time limits for claims (forfeiture clauses) and any references to collective agreements or works agreements.
  2. Ask for written terms of employmentIf you have not received a written contract, you can demand a written record of the essential terms of employment under § 2 NachwG.
  3. Note important deadlinesNotice periods, time limits for bringing a claim and time limits for claims are usually short and start running automatically – a calendar entry helps you not to miss them.
  4. Get advice early if anything is unclearThe works council, a trade union, the Rechtsantragstelle (court office for filing claims) at the labour court or an employment lawyer can assess contract clauses before they turn into a dispute.

Deadlines

from day 1 of work
The employer must put the most important terms of employment (parties to the contract, start date, place of work, job description, pay) in writing; further details no later than after 7 calendar days or one month.§ 2 NachwG
Watch out – common mistakes
  • An employment contract concluded orally is in principle valid – but you are still entitled to a written record under the Written Terms Act.
  • Time limits for claims in employment contracts or collective agreements cause claims (e.g. for pay or overtime pay) to lapse if they are not asserted in writing on time – often after as little as three months.
  • Not every instruction from the employer is covered by the right to give directions; interference with core areas of the contract (e.g. a clearly lower-value job) is usually not permitted, although this is not automatically clear in an individual case.
  • If you sign a change to your contract without understanding it, you can only rely on it being invalid later to a very limited extent.
In depth · legal basis, figures and practice – for advisers and professionals

Employment contract and the Written Terms Act

Under German law, an employment contract does not have to be concluded in writing to be valid (exception: fixed-term contracts, see separate topic page). However, the Written Terms Act obliges the employer to put the essential contract terms in writing, staggered by importance (§ 2 Abs. 1 NachwG). If the employer breaches this, it faces fines under § 4 NachwG; the employment contract itself remains valid.

Right to issue instructions (Direktionsrecht) under § 106 GewO

Insofar as terms of employment are not set by contract, works agreement, collective agreement or law, the employer may specify the content, place and time of work at its fair discretion. "Fair discretion" means that the interests of both sides must be weighed – a one-sided, unreasonable worsening is not permitted and can be reviewed by a court in a dispute.

Equal treatment and protection against discrimination

The AGG prohibits discrimination on grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity – in hiring, during employment and on termination. Details and deadlines are on the topic page "Bullying, discrimination, occupational health and safety".

Where these rights reach their limits

Freedom of contract and entrepreneurial freedom of decision set limits: the employer is in principle free to decide whether, whom and on what (minimum-wage-compliant) terms to hire, or to cut a post. Employee protection rights apply mainly within an existing employment relationship and on its termination, not to the hiring decision itself (exception: the anti-discrimination rules of the AGG).

Who is responsible
  • Works council, if there is one in the workplace
  • Trade union, if you are a member
  • Local labour court in case of disputes
  • Employment lawyer
Further reading
Employment contract and fixed termBullying, discrimination and occupational health and safetyAdvice and points of contact

Quick questions

Worum geht es bei „Overview: rights and duties in employment“?
A first overview of the rights and duties that shape employment in Germany – and where to find more on the following pages.
Which deadlines and figures matter?
from day 1 of work: The employer must put the most important terms of employment (parties to the contract, start date, place of work, job description, pay) in writing; further details no later than after 7 calendar days or one month. (§ 2 NachwG)
What should I do first?
  • Read your employment contract in full: Pay particular attention to the probation period, notice periods, time limits for claims (forfeiture clauses) and any references to collective agreements or works agreements.
  • Ask for written terms of employment: If you have not received a written contract, you can demand a written record of the essential terms of employment under § 2 NachwG.
  • Note important deadlines: Notice periods, time limits for bringing a claim and time limits for claims are usually short and start running automatically – a calendar entry helps you not to miss them.
What do I need to watch out for?
  • An employment contract concluded orally is in principle valid – but you are still entitled to a written record under the Written Terms Act.
  • Time limits for claims in employment contracts or collective agreements cause claims (e.g. for pay or overtime pay) to lapse if they are not asserted in writing on time – often after as little as three months.
  • Not every instruction from the employer is covered by the right to give directions; interference with core areas of the contract (e.g. a clearly lower-value job) is usually not permitted, although this is not automatically clear in an individual case.
Evidence
  • Nachweisgesetz (NachwG), gesetze-im-internet.de
  • Gewerbeordnung (GewO) § 106, gesetze-im-internet.de
  • Allgemeines Gleichbehandlungsgesetz (AGG), gesetze-im-internet.de
  • Bürgerliches Gesetzbuch (BGB) §§ 611 ff., gesetze-im-internet.de
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.