A. Conclusion of the employment contract
1. Advertising open positions
Job advertisements must be formulated in a non-discriminatory manner. In particular, the requirement of gender-neutral job advertisements (section 9 of the Equal Treatment Act – Gleichbehandlungsgesetz) must be observed when advertising the job, unless a specific gender is an indispensable prerequisite for the performance of the intended activity. This is only the case if the employment legally or factually excludes employees of the other sex from working, e.g., if a men's fashion salesperson only wants to employ male sales representatives, because according to the sales concept they should also wear the clothes themselves when visiting customers.
