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Employment law – in brief …

Law relating to standard business terms: Need for changes to standard employment contracts starting from 1 October 2016

September 2016

Starting from 1 October 2016, as a result of § 309 No. 13 of the German Civil Code (BGB) as amended, pre-formulated contract terms through which notifications and declarations to the contractual partner are bound to a "stricter form than the textual form" are invalid. Up to now, standard business terms were invalid pursuant to § 309 No. 13 of the previous version of the German Civil Code if they required declarations to have a "stricter form than written form".

In the future, users of clauses may therefore require in their standard business terms only that the contractual partner provide declarations in textual form. As a result, we recommend that you revise and incorporate the legislation changes in your standard set of employment contracts. More information on this topic can be found in the attached newsletter.

Publication
Employment law – in brief, September 2016
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Authors

Christoph Ceelen
Dr. Christoph Ceelen
Senior Associate
Munich
Eckhard Schmid
Dr. Eckhard Schmid
Partner
Munich
Oliver Simon
Dr. Oliver Simon
Partner
Stuttgart