In the 20th legislative period, the Bundestag has been looking at ways to simplify procedures between citizens and authorities or between employees and employers, for example. The streamlining and simplification of many regulations should benefit everyone involved. The aim was to save time and reduce the administrative burden on the one hand and make it easier for citizens to understand on the other.
On 18.10.2024, the Federal Council approved the corresponding amendment to the law, and the Fourth Bureaucracy Relief Act, or BEG IV for short, has been in force since 01.01.2025. Many of the formal simplifications it contains have an impact on working life. What previously had to be done in writing, i.e. as a printout on paper, can now be done in text form, as a file or email. Applications for parental leave, for example, can now also be submitted in digital form. Not only the provisions of the Federal Parental Allowance and Parental Part-Time Work Act (BEEG), but also regulations in the Social Security Code (SGB IV), the Act on the Provision of Evidence (NachwG), the Temporary Employment Act (AÜG) and the Industrial Code (GewO) have been adopted across the board.
As is so often the case, the principle of "no rule without exception" applies. Here we show which areas of employment law benefit from BEG IV and where the written form is still required.
Employment contracts in text form - this now applies
In future, employment contracts may be sent to employees by email. This is particularly beneficial for all those employees who prefer to do without unnecessary paper and use their smartphone or laptop for all their correspondence. Working conditions that have been discussed verbally or emailed in draft form can now be set out quickly thanks to this sensible change in the law.
For employees, this also has the advantage that all work documents can be saved in a folder on the computer or cell phone. Tedious searching and leafing through paper-based documents is no longer necessary. This is practical when documents are needed for social security and health insurance, the tax office or the job center.
If an employee also wants the written form - or instead of a file - they must inform the employer of this wish. The employer is then obliged to hand over or send a printed employment contract in person as before.
However, exceptions apply in certain economic sectors that are at risk of undeclared work due to their structure. In order to exclude these and other forms of illegal employment, the hospitality industry and the construction industry, for example, are excluded from the amendment. The areas to which this also applies are set out in Section 2a (1) SchwarzArbG. Written employment contracts must still be concluded here. We would be happy to advise you individually as to which provisions apply to you and what you need to consider in your employment relationship.
Employment contracts based on a fixed term in accordance with Section 14 TzBfG must also be in writing. This includes temporary maternity replacements from the outset, replacements in the event of illness, fixed-term contracts due to work that only arises temporarily and to reduce peak workloads, as well as fixed-term contracts that are based on the employee's personal circumstances. This may be the case, for example, if the time between leaving school and studying is to be bridged by work.
Employment references in text form - consent counts
Since 01.01.2025, it has also been possible to issue employment references - including interim references - in electronic form. The electronic form differs from the pure text form in that a qualified electronic signature (geS) is required. In addition, the express consent of the employee must be obtained. If such consent is not given, the previous written form is still required.
It is also important to ensure that the time frame is adhered to. A digital signature indicates the date on which an employment reference is issued. However, this must be issued by law on the date of departure. If the reference is issued in text form at a later date, this creates a discrepancy that can only be avoided if the previous written form is used when the reference is issued at a later date - for example, after an action for the issue of a reference.
Changes to the employment contract - by e-mail
Since the amendment to the law, employees may also be informed of important conditions and changes to the employment contract - such as changes to collective agreements - in text form if they agree to this. If you as an employee request the written form, the employer must comply with this request. If they fail to do so, or fail to do so in good time, they are committing an administrative offense under the Evidence Act. However, the text form allows changes to be submitted promptly, because as before, employees must be aware of them on the day of the change at the latest. However, if a corresponding passage has already been included in an amendment agreement in accordance with the regulations in force since 01.01.2025, the notification obligation does not apply.
A further simplification of BEG IV is that agreements on age limits can now also be made by e-mail. Anyone wishing to work longer than the normal retirement age can agree this with their employer by e-mail. This is made possible by the provisions contained in BEG IV on the law on proof and on time limits to the standard retirement age. Our experienced lawyers will discuss with you in detail which of these regulations make sense in your case and are advantageous for you.
Parental leave requests and part-time work during parental leave - the changes
Changes have also been made to parental leave, care leave and family care leave. They apply to events occurring in the future. If parental leave is taken for children born on or after 01.01.2025, parental leave may also be notified to the employer in text form. This is also possible if the normal working hours are to be reduced to part-time during parental leave. It is also possible for the employer to reject the request for part-time work for unalterable operational reasons in text form only. These changes also apply to care periods and family care periods.
In this context, it should also be noted that in certain cases the employer is no longer required to carry out a maternity protection risk assessment in accordance with Section 10 MuSchG. However, documentation in accordance with § 5 MuSchG is mandatory.
BEG IV - Temporary employment contracts
Since the law came into force, temporary employment contracts in text form have also been valid within the meaning of the AÜG. A written contract is no longer necessary; transmission by e-mail is sufficient. This is important for both lenders and hirers. Previously, the temporary employment contract had to be in place before the employee started work. Thanks to the text form and transmission by e-mail, it is now possible to respond more quickly to vacant positions, an advantage that benefits jobseekers in particular.
[b]Another important change for employees[/b] is the retention periods for wage and salary statements. They now only have to be kept for 8 years instead of the previous 10 years. Employees are therefore well advised to keep the relevant annual statements carefully so that they can trace their pension history and, if necessary, provide evidence.
