There is no set type of contract (No. 158, Civil Code - AK). According to Art. 648 of the AK, an employment contract between an employer and an employee may be for a fixed term or be open ended. In neither case is a formalised written document required (AK Art. 158), except if special provisions exist, for example for artists, industrial doctors, safety officers and in the case of contracts in the public sector.
According to AK Art. 651, the worker must perform the work him or herself. The employer has the right to manage his/her enterprise in such a way that profitability is maximised. He/she also has the right to determine the duties of the employee and more particularly to determine the nature, place and hours of work. This right is limited by the conditions of the contract and by the rules of law.
The employee is not required to carry out work which contravenes the law, even if he/she has made such an agreement with the employer - such an agreement being invalid. However, if he/she works despite the agreement being null and void, he/she has the right to demand, according to the regulations concerning unjustified enrichment, the amount of money which the employer earned through his/her work.
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