Verbal employment contract

A verbal employment contract is a contract between an employer and an employee that regulates the terms of employment. It is recommended that the employment contract is recorded in writing, although in Germany and Switzerland it can also be concluded verbally to avoid any misunderstandings.

Legal framework

In Germany and Switzerland, an oral employment contract has the same validity as a written contract. However, it can be difficult to prove the exact terms of the verbal contract in the event of a dispute. To ensure that both parties are protected, it is advisable to put employment contracts in writing. The basic contractual terms in German employment law, such as working hours, remuneration, vacation entitlement and notice periods, are laid down by law. These are also valid for verbal employment contracts. It is advisable to document these points in writing to avoid any ambiguities.

Advantages and disadvantages

The verbal employment contract offers the advantage of flexibility and quick conclusion. This is particularly helpful for short-term job offers or fixed-term employment. However, a verbal contract also has risks, as it is difficult to prove verbal agreements in the event of a dispute. Employees should be aware that a verbal employment contract does not protect them from potential misunderstandings or conflicts. It is therefore advisable to record the most important agreements in writing in order to have proof in the event of a conflict.

Consequences of ambiguities

Ambiguities about the exact agreements can arise with verbal employment contracts. It can be difficult to prove the terms of the contract if there is a disagreement between the employer and employee. Courts can review the parties' statements in such situations and try to clarify the agreements made. It is therefore recommended that employment contracts are drawn up in writing in order to avoid possible misunderstandings and to have clarity about the agreements made in the event of a dispute.

It is possible to conclude an employment contract verbally in Germany and Switzerland, but there are certain risks involved. To ensure that both parties are legally protected, it is advisable to put employment contracts in writing and document the most important conditions. It helps to avoid misunderstandings and provides a clear basis for conflict resolution in the event of a dispute.