Currently applicable labour law regulations will change as a result of the 4th Bureaucracy Relief Act coming into force on 01.01.25. This affects labour law in many areas, in particular the replacement of the written form requirement by the text form requirement. However, it is important to know that this does not apply in particular to fixed-term agreements, cancellation agreements and notices of termination. These still require the written form (Section 623 BGB and Section 14 (4) TzBfG).
As part of the new law regulating electronic communication, which was introduced by the 4th Bureaucracy Relief Act, the requirements for the form of declarations have been adapted. A distinction is particularly important with regard to the text form, which now replaces the written form in many cases. The three main formats - written form, electronic form and text form - are explained and differentiated from each other here.
Written form: Written form requires a declaration or contract to be signed by hand, as stipulated in Section 126 (1) BGB. In many cases, the written form can be replaced by an electronic form (Section 126a BGB), but there are exceptions. For example, notice of termination and a cancellation agreement in accordance with Section 623 BGB must still be in writing. Previously, it was also not possible to provide evidence in electronic form in accordance with the Evidence Act (Section 2 (1) sentence 3 NachwG).
Electronic form: The electronic form requires a qualified electronic signature. This is based on a certificate from a qualified trust service provider (Art. 3 No. 15 and No. 17 eIDAS Regulation) and is generated by a secure signature creation device (Art. 3 No. 23 eIDAS Regulation) (Section 126a BGB). This standard does not apply to simple signatures, for example in PDF documents. The high technical requirements mean that electronic signatures have so far played a subordinate role in practice, particularly in labour law. However, solutions in this area are constantly evolving.
Text form: Text form (Section 126b BGB) is a simplified form of written form that is increasingly being used in many areas of labour law. It does not require a signature, but merely a legible declaration that is stored on a durable medium. It is important that the declaration is personally accessible to the recipient and that the identity of the sender is recognisable.
Examples of text form are emails, faxes and PDF documents where the sender's name appears at the end. Messages sent via messenger services can also be considered text form, provided the sender is clearly identifiable.
Text form enables more flexible and faster communication without having to fulfil the requirements of written form and is particularly useful in the digital working world.
The 4th Bureaucracy Relief Act brings significant changes for employers with regard to the provision of evidence of employment relationships. A central point of these changes is the possibility of issuing proof of the essential contractual conditions in text form. This change simplifies the administrative burden and adapts to modern work processes. However, there are important details for employers and employees to consider in order to correctly implement legal requirements.
With immediate effect, the essential contractual conditions required by the German Act on Evidence, which previously had to be recorded in writing and handed over to the employee, can also be transmitted in text form (Section 2 (1) NachwG). Text form is defined as any form in which the declaration can be read by the recipient and stored on a permanent data carrier (e.g. email, PDF document). An example: The employer can send the employee an email with an employment contract attached containing the required contractual terms. This email is considered to be in text form as it contains a clear and accessible statement that the employee can save and print out if required.
Important requirements must be met:
In addition to the initial transmission of the employment contract, the regulation also applies to subsequent amendments. Amendments that affect the employment contract can also be submitted in text form. A new written submission is not required if the contract is amended in text form and the employee is informed of the amendment.
An important point here is that the employer remains obliged to provide written proof if the employee requests this - regardless of whether the proof was provided in text form or in writing. Employers should therefore ensure that they can prove in a timely and correct manner that the employee has received the proof in text form if the employee requests a written confirmation.
There is a significant exception in the area of the Undeclared Labour Act. Here, it is still the case that proof of working conditions must only be provided in writing. This applies, for example, to the construction industry, the catering and accommodation industry, the freight forwarding, transport and logistics industry and the meat industry. In these cases, proof cannot be provided in text form. Employers who fall under this law must be aware that the strict written form requirements continue to apply and cannot be replaced by the simplified text form.
The option of providing proof in text form offers employers considerable relief, especially in the digital world of work. The electronic transmission of employment contracts or adjustments can be made much more efficient, provided that all legal requirements are met. However, employers should ensure that they can document receipt of the proof and continue to give the employee the option of receiving the proof in written form if desired. The Proof of Employment Act has thus become more flexible, but its implementation also requires care to avoid legal risks.
With the 4th Bureaucracy Reduction Act, numerous labour law provisions were amended to create more flexibility for employers and employees. In particular, the introduction of text form as an alternative to written form in certain areas, as described above, significantly reduces the bureaucratic burden.
Text form, e.g. by email or PDF, is now sufficient for the limitation of employment relationships until the standard retirement age is reached. This makes things much easier in practice, as written agreements previously caused unnecessary effort. However, the regulation only applies if no collective agreement stipulates a different form.
Changes to the BEEG From 2025, parental leave can be applied for in text form, which simplifies handling for both employees and employers. However, this change only applies to children born after 30 April 2025. Written form and text form will therefore be used in parallel until 2033. In future, applications for part-time work during parental leave and their rejection can also be made in text form. An exception remains the rejection of early termination of parental leave, which must still be made in writing.
The utilisation of care or family care leave can now also be declared in text form (§ 3 Para. 3 PflegeZG). However, the written form is still required for agreements on part-time work (Section 3 (4) PflegeZG).
Certificates of employment can now also be issued electronically with a qualified signature if the employee agrees. This change offers flexibility, but brings limited relief due to the high signature requirements.
The new changes to labour law, in particular the introduction of the text form, offer many advantages to both employers and employees. They reduce the bureaucratic burden and enable more flexible handling of employment relationships, particularly in the case of fixed-term contracts, parental leave and care leave. Nevertheless, employers should be familiar with the new regulations in order to avoid legal pitfalls - such as written consent for employment references.
The introduction of the text form opens up numerous opportunities for companies to increase efficiency, but also poses challenges in terms of implementation. In this context, HR outsourcing can provide valuable support. External experts take on the administrative tasks, ensure the correct implementation of the new requirements and thus reduce the bureaucratic burden. This allows companies to optimise their HR processes and concentrate on their core business. We will be happy to support you in implementing the changes so that your company can successfully implement the new regulations.
Use the advice of ARTS HR Lovers: As HR experts, we offer customised support in the practical implementation of the changes in your company. Together, we develop solutions that optimise your internal processes and ensure compliance. We not only help you with the transition to the new requirements, but also optimise your HR processes holistically. This saves time and money - and ensures that you can concentrate on your core business.
Contact us today - we will be happy to advise you on the necessary steps.
Sources: German Lawyer Office Premium, Tillmanns, HI16637444 Status: 18.10.2024
