Restore old contracts: rights and options

Questioner

As before I asked the question that if I have not signed a new contract whether the old contract is still valid. Your answer was yes. I have now confronted my manager with this and she has told me that the old contract is missing and that she cannot restore the old contract. I have 2 contracts that they tried to merge into one. Due to circumstances I no longer have this contract in my possession, but it seems to me that they should certainly not lose it. The only proof is the 2 different pay slips with 2 different personnel numbers. Is there anything I can do to reinstate my old contracts?

Lawyer

They must keep your contract at all times as long as you are employed and then they must keep it for at least 7 years for the tax authorities. It does not matter that they have lost it. As long as you have not signed a new contract, the old one remains valid. Unilateral adjustment is also not allowed. They must always do this in consultation with you. If they do not do this, you must inform them in writing that you do not agree with it and that you want the old contract to apply to you. If they still want to adjust it, this must be done via the court. In doing so, he must restore your old contract whether he has lost it or not. There must be evidence. In addition, there must be a good reason for adjustment and the personal circumstances of the employee must always be taken into account.