Germany – National Regulations in Employment Law

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We, the International Labour and Employment Group of Rödl & Partner, are happy to advise you on labour law issues (individual and collective) as well as social security law issues on a global, regional and local level.

 

 

Below you will find basic information on national labour law provisions in Germany.




Interview with Dr. Michael Braun


Are there national and/or local collective agreements in the country that regulate labour relations?


Yes. But not mandatory. If the employer is a member of the employer's association and the employee is a member of the relevant trade union, the case is clear: The collective agreement applies.

 


Are there different legal rules by department/canton?


No. Labour Law is uniform nationwide.

 

Is there and what is the staff threshold above which the presence of staff representatives is mandatory?


No. It is not mandatory to establish a works council. The employer does not have to become active here. Works council may be elected by employees from 5 permanent employees entitled to vote.


Are trade unions present in the company?


Yes. If at least one employee is member of a competent trade union.

 

If applicable what is the applicable legal working time? 


The legal daily working time is regularly 8 hours.
The daily working time may be extended to a maximum 10 hours, if the average working time does not exceed 48 hours per week.

 

Is there a minimum wage set by law/collective agreements (yes/no)? 


Yes. By the law and, if more favorable, by collective agreements.


What is the number of legal annual paid holidays?


24 days paid vacation per calendar year based on a 6-day week are the minimum by law. Collective agreements may provide for a higher minimum.


Existence of specific classification of employees according to their functions/responsibilities? 


Yes. In some legal provisions, executive employees (to be assessed according to function/responsibility in the individual case) are excluded from the scope of application.

 

Obligation to set up complementary social insurance schemes (mutual insurance/provident fund/pension)?


Yes.
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