Working in Germany

A contract for a fixed-term position or for training must always be in writing. In the case of a permanent position, an oral contract is also legally effective, but you also have a right to a written contract here. When you sign your employment contract, you will receive a copy.

A written employment contract usually includes:

 

Collective agreements are concluded between trade unions and employers' associations or individual employers. They primarily regulate the level of wages and working hours (including overtime, holiday work and other financial entitlements), probationary periods and notice periods.

Your employer is obliged to pay for the work you do. As a rule, your salary is transferred to a current account at a bank. At the end of the month, your employer will provide you with a payslip. It says how much you have worked and earned and what contributions are deducted for taxes and social security contributions.

The gross wage is agreed with the employer. Taxes and social security contributions are still deducted from this.

 

Steer:

Social security contributions:

Your employer is legally obliged to pay for your work, even if you do not have a written employment contract. The first step is to send the employer a letter with all the information: your hours worked, the amount and your bank details. Be sure to set a payment deadline (e.B. 2 weeks). It is also important to sign the original, which you send to the employer by registered mail.

 

If the employer does not respond within the set deadline, you can file a complaint with an employment court.

Yes, with a 5-day working week, you have a legal minimum entitlement to 20 paid working days per year. Insofar as a higher holiday entitlement is due under the respective collective agreement, this shall apply. Your employer can give you more vacation days, but not less. If you work part-time, the holiday entitlement will be adjusted.

Yes, if you have been employed by your employer for 4 weeks, you are entitled to continued payment of remuneration in the event of illness. To do this, you must present a medical certificate of incapacity for work. You will continue to receive your full salary for the first 6 weeks, after which you can claim sick pay from your health insurance company.

A termination is a unilateral declaration by a contractual partner aimed at terminating a contractual relationship. There are extraordinary – often without notice – dismissals as well as ordinary dismissals. Termination without notice is only possible in the event of a particularly serious and intentional violation of the rules if no milder remedy is available. In the case of ordinary termination, the agreed notice periods will be adhered to, but you do not have to give any reasons for this. As an employee, you enjoy protection against dismissal under the Dismissal Protection Act. This means that your employer can only terminate you in 3 cases: for personal reasons (e.B. in the case of long periods of illness), for behavioural reasons or for operational reasons.

 

If you want to defend yourself against your dismissal, you can file a dismissal protection action within 3 weeks.

The trial work usually serves to get to know you and your (possibly) future employer better. It often lasts a day, sometimes up to 5 days. If you are already self-employed for the company, the trial work must be remunerated. If you only get to know your workplace better during the trial work and if you do not generate any added value, it does not have to be paid.

 

Trial work takes place before an employment relationship is established

The probationary period is agreed in the employment contract, but may last a maximum of 6 months. During this time, both you and your employer can terminate the employment relationship with a shortened notice period of 2 weeks without giving special reasons. Thereafter, the protection against dismissal takes effect and dismissal is only possible for personal, behavioural or operational reasons.

During parental leave, young mothers or fathers only work for a limited period of time, but still keep their jobs. You can claim parental leave for the first 3 years. During the first 12 months you will receive parental allowance, if both parents take parental leave, this period increases to 14 months.

Bogus self-employment exists if you are formally self-employed, but actually perform non-self-employed activities in an employment relationship. In this way, the employer circumvents labour law provisions that actually serve to protect employees and does not pay social security contributions or wage tax. If the pension insurance or the tax office determines that there is a bogus self-employment, the employer is threatened with high fines.

With a mini-job, you earn a maximum of 450 € per month. Such marginal employment is not subject to social security contributions. This means that there is no compulsory insurance in the statutory unemployment, health and long-term care insurance. A contribution to the pension insurance, on the other hand, must be paid, but an exemption is possible here. Even with a mini-job, you are entitled to vacation, continued payment of wages in the event of illness and protection against dismissal, in addition, the statutory minimum wage of € 9.35 applies, i.e. the maximum working time per month is about 48 hours.

An internship is not a regular employment relationship, but you are still insured against accidents in any case. There are differences in pay: while a compulsory internship, e.B. during a course of study, is not paid, the statutory minimum wage must be paid for a voluntary internship that lasts longer than 3 months.

Trade unions are fighting for collective agreements, higher wages and better working conditions. The German Trade Union Confederation is an umbrella organisation of 8 member unions and, with around 6 million organised workers, one of the largest trade union confederations in the world.

• United Services Union (ver.di)
• Industriegesellschaft Metall (IG Metall)
• Police Union (GdP)
• Railway and Transport Union (EVG)
• Education and Science Union (GEW)
• Gewerkschaft Nahrung-Genuss-Gaststätten (NGG)
• Industriegewerkschaft Bauen-Agrar-Umwelt (IG BAU)
• Mining, Chemical and Energy Industrial Union (IG BCE)