No, an employment contract can also be concluded orally or tacitly, in which case it can of course be difficult to prove the content of the contract. However, fixed-term contracts must be agreed in writing, usually before the employment contract begins. Termination agreements or notices of termination must also be in writing.

Under the Verification Act, companies are also obliged to confirm the essential terms of the contract to the employee in writing.

In principle, an employment contract can be terminated subject to the statutory minimum notice period. However, for companies that usually employ more than 10 employees - after the expiry of a 6-month waiting period - the Employment Protection Act (Kündigungsschutzgesetz) is usually applicable, which imposes additional requirements for termination by the employer.

Unless severance pay is already offered in the employment contract or with the notice of termination in the event that no action is brought, there is usually no entitlement to severance pay. If a dismissal is contested by means of an action for protection against unfair dismissal, however, a severance payment is often agreed by way of a settlement in order to end the dispute over the right to dismissal.

The notice period for employee terminations is regulated in § 622 of the German Civil Code (BGB). As a rule, it is 4 weeks (unless otherwise agreed in the employment contract) to the 15th or to the end of a calendar month.

In contrast, the notice period for employer-side terminations is staggered according to how long the employment relationship existed; here the notice period is extended after 2 years to 1 month to the end of a calendar month, after 5 years to 2 months to the end of a calendar month, and so on. The exact periods of notice are regulated in § 622 BGB.

In principle, the notice periods for employee terminations cannot be shortened. Longer notice periods may also be agreed for employee-side notices of termination, but these may not be longer than for employer-side notices of termination.

During a probationary period of a maximum of 6 weeks, the notice period may also be reduced - for both parties - to at least 2 weeks. However, this must be agreed.

The statutory minimum holiday entitlement per calendar year is usually 24 working days, which is regulated in the Federal Holiday Act. Working days are Monday to Friday, so this is 4 weeks. If 5 days are worked, this is to be quota accordingly, i.e. the statutory minimum leave is 20 working days, which is also 4 weeks. Less than 4 weeks of leave per calendar year cannot be agreed.

Additional leave (also called "contractual leave entitlement") is regularly agreed and can often be found in company agreements or collective agreements.