for the content of the employment relationship is taken not only on what the parties to hold frequently-often more or less effective, a written employment contract. It also depends on how the employment relationship was genuine. This had to find an employer who agreed with his workers as a precaution only a 30-hour written employment contract, but this began a regular basis 40 hours a week. According to the LAG Köln (AZ 7 SA 864/07) was a contractual 40-hour employment. Then, the parties had agreed in fact with regular use. The employee could ask, then, that he used 40 hours a week and for the case that much work is not available, but require payment for the wages of a 40-hour week. Ie, that any social rights would depend on termination of employment after the corresponding pay rise.
way, employers can generally no longer claim that the written contract of employment a written form exists, which can only gain by such contractual claims application which is writing. Now, after unanimously agreed contracts Terms and Conditions (GTC) are. A written form is contrary to the will of the legislature to proceed individual agreements, including oral, written terms and conditions.
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