Labor law

As a rule, the working hours to be observed must be agreed with the employer and included in the employment contract.

Statutory regulations on working hours can be found in the Working Hours Act (ArbZG). Further regulations for certain groups of people include the Youth Employment Protection Act and the Maternity Protection Act.

In Germany, the Working Hours Act regulates the maximum daily working hours. According to this, working hours may not exceed 8 hours on working days. Working days are all days that are not Sundays or public holidays. This means that work may extend from Monday to Saturday for 8 hours a day. In certain professions, such as the emergency services, fire department or hospitals, it is necessary and permitted to work on Sundays and public holidays.

However, there are also widespread flexible working time models with so-called flexitime regulations. This allows you to work more than 8 hours on a working day, up to a maximum of 10 hours. However, you have to make up for this by working fewer hours in legally defined periods.

When we talk about full-time work in Germany, employees generally work around 8 hours a day, 5 days a week. This corresponds to a total weekly working time of 40 hours. Depending on the industry and pay scale, between 35 and 40 hours per week can also be considered full-time work. It is also possible to agree with the employer to work fewer hours than full-time. This is referred to as part-time work.

Work must be interrupted by rest breaks of at least 30 minutes in total if the working time is between 6 and 9 hours. If the working time is more than 9 hours, rest breaks totaling 45 minutes must be taken.

Your employer may order you to work overtime. Overtime is when you work beyond the (collectively agreed) contractual working hours on the instructions or with the approval of your employer.

A special remuneration agreement is regularly concluded in the employment contract regarding the remuneration to be paid by the employer.

In Germany, employees are entitled to a general statutory minimum wage.

In addition, there is an industry minimum wage in certain sectors as well as other minimum working conditions that must be observed. These components of remuneration are generally higher than the statutory minimum wage and may not be undercut.

You can find an overview of industry minimum wages on the customs website.

Further information and assistance can be found via the ZEFAS wage information service.

Read more about wages.

All employees are entitled to paid leave.

The statutory minimum leave per calendar year is at least 20 working days for a 5-day working week and 24 working days for a 6-day working week. You may not take less than this vacation entitlement. You may also be entitled to more leave under a collective agreement.

You will only receive the full vacation entitlement for the calendar year once you have been employed for 6 months. Before that, however, you are entitled to a pro rata monthly vacation entitlement. This is called partial leave.

Annual leave must be taken in the current calendar year. In certain cases, it is possible to carry it over to the following year.

During the period of leave, you are entitled to continued payment of the salary to which you are entitled.

In some cases, there is a provision in the collective agreement or in your employment contract for additional remuneration during vacation. This is known as vacation pay.

Important: You must apply to your employer in good time before you take your vacation. It is best to do this in writing. The employer will then check your vacation request. In exceptional cases, the employer can refuse the leave.

If you are unable to work due to illness, your employer must continue to pay you your full salary for up to six weeks of your illness. This is known as continued remuneration in the event of illness. This entitlement arises four weeks after the start of your employment relationship.

Please note that if you fall ill, you must contact your employer immediately and inform them of the expected duration of your illness. Notification by letter is not sufficient. Please use quick means of communication, such as telephone or e-mail. In some cases, employers stipulate in the employment contract, for example, how you must report sick.

You must also provide your employer with a doctor's certificate. If you are ill for longer than stated on your doctor's certificate, you must obtain another certificate from your doctor.

You will continue to receive your pay from your employer for up to 6 weeks. After that, you are entitled to sick pay from your health insurance fund as a statutory insured person.

Read more about reporting sick.

Public holidays in the Free State of Saxony are generally non-working days. Work on public holidays is permitted if it cannot be done on another working day. This applies, for example, to emergency services, the fire department, medical care, catering, trade fairs and exhibitions as well as transport companies and transportation.

You remain entitled to your pay for the public holiday. This corresponds to the amount you would have received for regular work.

In Germany, employers have a comprehensive responsibility for the safety and health protection of their employees in the workplace. They must ensure that no one is injured at work or suffers damage to their health.

Their duties include carrying out risk assessments, designing safe workplaces and providing regular instruction on occupational health and safety.

Occupational health and safety is regulated in the Occupational Health and Safety Act, among other things.

Certain people have special protection in the employment relationship:

For example, special regulations apply to women during pregnancy and after childbirth regarding workplace design and protection against dismissal. In addition, women are not allowed to work for at least 6 weeks before the birth and 8 weeks after the birth. This is called "maternity protection".

Severely disabled people have special protection against dismissal. The integration office must approve the dismissal of a severely disabled person.

German employment law also includes protection against discrimination based on gender, religion, ethnic origin, age or disability. This applies not only in the workplace, but also during the application process. Protection against discrimination is regulated in the General Equal Treatment Act (AGG).

Further information on health and safety in the workplace can be found under Topics from A-Z - Occupational health and safety - sachsen.de and in the guide to occupational health from ZEFAS.

The employment contract is the individual agreement between employer and employee. This contract can be freely negotiated between you and your employer. The agreements in the employment contract may not contradict the statutory provisions, existing collective agreements and works agreements or service agreements.

In the case of an open-ended employment contract , the end of the employment relationship is not fixed. In the best case scenario, you can work for your employer until you retire.

A fixed-term employment contract ends on an agreed date.

As a rule, a probationary period of up to 6 months is agreed in an employment contract. During the probationary period, your employer gets to know your skills and you learn more about your tasks and the team. During the probationary period, there is no special protection against dismissal and a shorter notice period applies.

Wages or salary are agreed in the employment contract as a gross amount, from which social insurance and taxes are deducted directly. Read more about this under Remuneration.

Tip: It is strongly recommended that you insist on concluding a written employment contract before the start of the employment relationship. This avoids later disputes about the agreed contractual conditions.

Contracting parties: Name and address of employer and you as employee

Start of contract: start of the employment relationship (date)

For fixed-term contracts: the end date or the foreseeable duration of the employment relationship

Place of work: indication of the place of work or reference to changing work locations

Job: brief description of the job to be performed

Probationary period: if agreed, the duration of the probationary period

Remuneration: composition and amount of remuneration, including remuneration for overtime, bonuses, allowances, premiums, special payments and other components of remuneration, as well as due date and method of payment

Working hours: agreed working hours, agreed rest breaks and rest periods; in the case of agreed shift work, the shift system, the shift rhythm and conditions for shift changes

In the case of work on call:

• the agreement that the employee must perform his work according to the workload,
• the minimum number of hours to be remunerated,
• the time frame, determined by reference days and reference hours, which is set for the performance of the work, and
• the period of time within which the employer must give advance notice of the position of working hours

Overtime: if agreed, the possibility of ordering overtime and its conditions

Vacation: number of vacation days per year

Training: any entitlement to training provided by the employer

Company pension scheme: if agreed, the name and address of the pension provider

Notice of termination: the procedure to be followed in the event of termination, the mandatory written form of the notice of termination and the deadlines for terminating the employment relationship, as well as the deadline for filing an action for unfair dismissal

Collective agreements: a general reference to the collective agreements, works agreements or service agreements applicable to the employment relationship as well as other regulations.

If you have found a suitable job and sign an employment contract, you will need to submit a number of documents.

Your employer will need the following documents in any case:

• Identity card or passport for identification purposes
• Work visa, except for EU or EEA citizens
• Tax identification number
• Membership certificate from the health insurance company
• Social security number from the insurance number certificate
• Bank details in Germany (for salary payment)

The employment relationship can be terminated by written notice. The notice period agreed in the employment contract must be observed. If no agreement has been made in the contract, the statutory notice period applies. Verbal termination does not terminate the employment relationship with legal effect.

In exceptional cases, the employment relationship can be terminated for good cause without observing a notice period. In this case, the contract ends upon receipt of the notice of termination. This is referred to as terminationwithout notice or extraordinary termination.

Caution! If you receive a termination without notice, seek advice. Termination without notice is only permissible in exceptional cases.

The employment relationship can also be terminated by a termination agreement by mutual agreement between the employer and employee without regard to any notice periods and protection against dismissal provisions. This may have disadvantages for you. If you do not have a new job, you will, for example, be blocked from receiving unemployment benefit.

Please note that notice of termination and a termination agreement must always be in writing. Otherwise the employment relationship will not be effectively terminated.

Important: If your employment relationship ends, this may affect your residence permit. You should therefore always contact your immigration office immediately if you find out that your employment relationship is ending.

When your employment relationship ends, you are entitled to a reference from your employer. It is very important for you to have an employer's reference so that you can provide up-to-date references when applying for a job. This increases your chances in the application process.

Your employer must also provide you with your employment documents. These include, for example, certificates of earnings, vacation and proof of social security contributions.

Important: After receiving notice of termination, register with your employment agency as a jobseeker at least 3 months before your employment ends. If there are less than 3 months between knowing the date of termination and the termination of the employment relationship, you must register with the employment agency within 3 days of knowing the date of termination. If you register late, you may suffer financial disadvantages when receiving unemployment benefit.

Protection against dismissal is very strong in Germany.

There is special protection against dismissal: anyone who has been employed by their employer for longer than six months acquires this protection after six months. In small companies with fewer than 10 employees, this special protection against dismissal does not apply.

In addition, there is special statutory protection against dismissal for particular groups of people, such as severely disabled persons, employees on maternity leave, parental leave, care leave and members of the works council, staff council or youth and trainee representatives.

You can of course also terminate your employment yourself. This will usually be the case if you have found another job.

Remember to put your notice of termination in writing, sign it and send it to your employer with proof of receipt. This can be done, for example, by handing the notice of termination to your employer in person. Your employer will then sign to confirm receipt of the notice.

Always observe the notice periods when giving notice.

Always clarify any desired change of job with your foreigners authority in good time before giving notice.