1. Brief Description of Anti-Discrimination Laws With effect as of 18th August 2006 the German General Equal Treatment Act (AGG) came into force. Objective of the law is to provide comprehensive protection against discrimination on the basis of race and ethnic origin, gender, religion or belief, disability, age or sexual orientation. 2. Extent of Protection […]
In principle, every employee who would like to work in Germany requires a residence title and a work permit before entering Germany. This does not apply to persons who are: 1) of German nationality; 2) a European Union national (with the exception of nationals from Croatia currently until June 30, 2015; this exception can be […]
1. Employees’ Rights An undertaking, a business or a part of a business is defined for this purpose by the European Court of Justice and the German Federal Labour Court as an economic entity, which retains its identity irrespective of the transfer. All of the transferor’s employees automatically transfer to the transferee with the terms […]
1. Brief Description of Employees’ and Employers’ Organizations In general, the main function of trade unions is to conclude collective bargaining agreements. Trade union representatives also support employees or the works council (e.g. by giving legal advice and representing employees before the court), but do not have participation rights within a company. Employers’ associations are […]
1. Minimum Requirements The employer has a statutory obligation to provide the main contractual terms in writing to the employee no later than one month after the commencement of the employment. The terms and conditions of the employment are regulated mainly by statutes, collective bargaining agreements and works council agreements. As a rule, the employment […]
Due to the protection of the privacy of the employee, there are a lot of restrictions for the employer during the hiring process in Germany. 1. Job interviews The employer is only entitled to ask for information, which is necessary for entering into the employment relationship, e.g. qualifications that are required for employment. Questions concerning […]
1. Definition of Restrictive Covenants During an employment relationship, the employee is not allowed to work for any competitor pursuant to Sec. 60 German Commercial Code (HGB). However, after the expiration of the notice period, the employee is no longer bound by the statutory non-compete. Therefore, it might become necessary to agree upon a post-contractual […]
1. Can the employer restrict the employee’s use of Internet and social media during working hours? The employer is entitled to decide whether or not and to which extent the employees may use the company Internet, telephone or email system for private matters, within or outside of the working hours. Without permission, the employee is […]
1. Legal Framework In Germany, employees belong to the national social security system by law. The statutory social security system is regulated in the Social Security Codes (SGB). 2. Required Contributions All salary payments are subject to tax and social security contributions (pension, unemployment, health and nursing care insurance). These must be withheld from an […]
How to Terminate a Contract in Germany
1. Minimum Working Conditions The terms and conditions of employment (such as maximum working hours, minimum paid holiday and sick leave) are regulated by statutes, collective bargaining agreements and works council agreements. The individual employment agreement cannot deviate from these provisions to the detriment of the employee. The rights of employees who are only temporarily […]
