These contracts have no formal documentation and may combine both oral and written statements. In general, an employment contract should be written, but there are other types of employment contracts. For an employer, a written contract creates the organization and structure in the recruitment process and the work environment. For staff, a written contract gives a sense of stability and security. Eric Uftring, a specialist in labour law, contributed to a detailed chapter on contracts for the transfer of personnel. Order here. Therefore, it is important to use contractual freedom in the organization of the employment contract and to determine the fate of the manager`s employment relationship in the event of dismissal. Depending on the views (either of the manager or of the company), the interests of the parties with regard to the termination of the employment contract are generally very divergent. Depending on the interests pursued, particular attention may be paid to the following contractual elements in the design of the contract. The day of departure and the time of departure should be included in the contract, as well as the type of employment (open-ended, full-time, part-time, etc.). The place of employment should also be mentioned, as well as an emergency that occurs and staff are not able to work from this site. Another peculiarity with regard to a German management contract is the treatment of the manager under German social security and employment legislation.
That the manager worked forty hours a week, that the company could give him instructions and that his activities were largely the same as in the employment contract: this does not change. The director`s attitude during the negotiations is also cited: the director had every opportunity to put on the table his demands regarding the conditions of the collaboration and it was therefore out of the question that he was „back to the wall“ and that he had to accept the agreement on services. Employment by agreement does not prevent staff from enforcing contractual conditions. Since this is not a termination of the employment contract, there is no need, according to the judgment of the Sub-District Court, to grant adequate compensation, not to mention that there are no circumstances capable of justifying such compensation. If there is a deadline for employment, this should be indicated in the contract, as well as possible possibilities for renewal. Our daily work includes the design, adaptation and correction of employment and management contracts. We can provide you with the tailor-made contract you need. In short, the director empties.
Nevertheless, the decision confirms that the circumstances of the case – that is, the intentions of the parties at the time of reaching an agreement, but also the way in which they put it into practice – are decisive for the legal classification of their relationship. . . .