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Evidence Act: Employment contracts must be put to the test with regard to mandatory transparent working conditions

From 1 August 2022, the amended regulations of the Verification Act will apply. The background to this is the EU Directive 2019/1152 (Working Conditions Directive), which comes into force on 31 July 2019.

For employers, this means that they have to check their employment contracts to see whether they still comply with the new regulations. Unfortunately, the legislator has left many questions unanswered in the implementation of the directive, which is why we receive a large number of enquiries in this regard. For this reason, we briefly present the current state of affairs.

What has changed?

Overtime and its compensation are often the cause of disputes between employees and employers. This is especially true when overtime is still “on the books” after a dismissal and ex-employees want to be paid for this overtime.

But who has to prove whether overtime was actually worked? So far, it has been the employee.

And that has not changed even after the time clock ruling of the Court of Justice of the European Union (ECJ), the Federal Labour Court ruled (BAG, Verdict v. 04. 05. 2022, Az.: 5 AZR 359/21).