pastis
03-03-2016, 06:57 PM
very short overview of some of the most important points of german labour law:
In Germany, there is no such thing as “employment at will”. By law, German employees must have written employment contracts that reflect the key aspects of the employment relationship (e.g., parties to the contract, work to be performed, gross salary and benefits, vacation, starting date of employment, place of performance, notice periods).
Although an employment contract unlimited in time is typical for Germany, it is possible to agree on an employment contract with a limited term (and employers tend to increasingly make use of this possibility). Limited term employment contracts are, however, subject to restrictions under German labor and employment law. Generally, a limited term employment contract is permissible only when there is an objective reason for the limitation (e.g., substitution in case of illness, project work). However, an employer can always enter into (but not renew) a limited term employment contract for a period of up to two years, without restrictions.
All weekdays excluding Sundays and public holidays are considered to be working days. However, German employees normally work from Monday to Friday (five-day week).
Under a five-day week, the average working time is between 35 and 40 hours. The daily productive working time generally may not exceed eight hours. A daily working time of up to ten hours productive working time is possible if, over a period of six months, the average daily working time does not exceed eight hours.
Working on Sundays and public holidays is generally prohibited. However, the German law on working hours provides for several exceptions in which working on Sundays and public holidays is permitted (although prior approval by governmental authorities is required in some circumstances).
German labor and employment law grants a statutory claim for 20 working days’ vacation per calendar year for employees who work a normal five-day week (i.e., four weeks’ vacation). However, it is more typical for an employee to receive between 25 and 30 vacation days per calendar year, depending on seniority and the type of business. (you are being paid during your vacations)
German labor and employment law requires the continuation of full salary payments for a period of six weeks in case of sickness of an employee (under certain circumstances, the employer has to continue payments for up to 12 weeks).
Female employees are entitled to full paid maternity leave (starting no later than six weeks before the expected due date—depending on the mother’s and baby’s health situation and the work performed by the woman—and ending eight weeks after childbirth). Payments to the employee are made partly by the statutory health insurance provider and partly by the employer. During the employee’s pregnancy and during a period of four months after childbirth, no termination of the employment relationship by the employer is permissible.
All employees, both male and female, are entitled to a maximum of three years’ parental leave per child. During this period the employer is not obliged to make any payments to the employee. However, the employer may not terminate the employee. Employees have a legal right to work part-time (up to 30 hours per week) during parental leave. After expiry of the parental leave, the employer has to offer an adequate working position to the employee.
The mandatory Social Security System in Germany consists of health insurance, home care and nursing insurance, pension insurance and unemployment insurance. Generally, its is mandatory that all employees are insured by the German Social Security System. Health, home care and nursing, unemployment and pension insurance premiums are paid equally by the employer and by the employee (50% each). Premiums amount to approximately 22% of the employees’ gross salary for each the employer and the employee.
In companies with more than five employees, the employees may elect a works council. The works council represents the employees and negotiates, cooperates and consults with the employer in various situations (e.g., hiring of new employees, changes to the place of business, shut down of the business, mass layoffs).
In the case of permanent contracts of employment, the statutory notice period applies. This period increases the longer the employee has been with the company.
Initially, the notice period is four weeks, rising to seven months after 20 years. Within the probationary period, which usually lasts six months, the contract of employment can be terminated within two weeks
In Germany, there is no such thing as “employment at will”. By law, German employees must have written employment contracts that reflect the key aspects of the employment relationship (e.g., parties to the contract, work to be performed, gross salary and benefits, vacation, starting date of employment, place of performance, notice periods).
Although an employment contract unlimited in time is typical for Germany, it is possible to agree on an employment contract with a limited term (and employers tend to increasingly make use of this possibility). Limited term employment contracts are, however, subject to restrictions under German labor and employment law. Generally, a limited term employment contract is permissible only when there is an objective reason for the limitation (e.g., substitution in case of illness, project work). However, an employer can always enter into (but not renew) a limited term employment contract for a period of up to two years, without restrictions.
All weekdays excluding Sundays and public holidays are considered to be working days. However, German employees normally work from Monday to Friday (five-day week).
Under a five-day week, the average working time is between 35 and 40 hours. The daily productive working time generally may not exceed eight hours. A daily working time of up to ten hours productive working time is possible if, over a period of six months, the average daily working time does not exceed eight hours.
Working on Sundays and public holidays is generally prohibited. However, the German law on working hours provides for several exceptions in which working on Sundays and public holidays is permitted (although prior approval by governmental authorities is required in some circumstances).
German labor and employment law grants a statutory claim for 20 working days’ vacation per calendar year for employees who work a normal five-day week (i.e., four weeks’ vacation). However, it is more typical for an employee to receive between 25 and 30 vacation days per calendar year, depending on seniority and the type of business. (you are being paid during your vacations)
German labor and employment law requires the continuation of full salary payments for a period of six weeks in case of sickness of an employee (under certain circumstances, the employer has to continue payments for up to 12 weeks).
Female employees are entitled to full paid maternity leave (starting no later than six weeks before the expected due date—depending on the mother’s and baby’s health situation and the work performed by the woman—and ending eight weeks after childbirth). Payments to the employee are made partly by the statutory health insurance provider and partly by the employer. During the employee’s pregnancy and during a period of four months after childbirth, no termination of the employment relationship by the employer is permissible.
All employees, both male and female, are entitled to a maximum of three years’ parental leave per child. During this period the employer is not obliged to make any payments to the employee. However, the employer may not terminate the employee. Employees have a legal right to work part-time (up to 30 hours per week) during parental leave. After expiry of the parental leave, the employer has to offer an adequate working position to the employee.
The mandatory Social Security System in Germany consists of health insurance, home care and nursing insurance, pension insurance and unemployment insurance. Generally, its is mandatory that all employees are insured by the German Social Security System. Health, home care and nursing, unemployment and pension insurance premiums are paid equally by the employer and by the employee (50% each). Premiums amount to approximately 22% of the employees’ gross salary for each the employer and the employee.
In companies with more than five employees, the employees may elect a works council. The works council represents the employees and negotiates, cooperates and consults with the employer in various situations (e.g., hiring of new employees, changes to the place of business, shut down of the business, mass layoffs).
In the case of permanent contracts of employment, the statutory notice period applies. This period increases the longer the employee has been with the company.
Initially, the notice period is four weeks, rising to seven months after 20 years. Within the probationary period, which usually lasts six months, the contract of employment can be terminated within two weeks