Labour rights
In Germany, all laws and regulations concerning work are summarised in labour law. The protection of workers plays a key role in this. For example, labour law gives you comprehensive rights in relation to your employment contract, wages and holidays. It is crucial to know your rights and obligations as an employee.
- What do I do if I am sick and unable to work? When you are sick and unable to work, you are entitled to rest at home. However, your employer has the right to demand proof; i.e. confirmation of illness/unfitness for work – which you can obtain from a doctor. Colloquially, such a document is known as “Krankschreibung” (sick note)
- Who covers the costs if I am injured in a work accident? Injuring yourself at work or on the way (between your home and your place of work) is referred to as work accident (“Arbeitsunfall”) or commuting accident (“Wegeunfall”). In both cases, the statutory accident insurance (“Unfallversicherung”) will cover the costs.
- Can you be terminated “with no reason”? If you work for a small company or are still in the first six months of your employment (known as the “waiting period”) you have no statutory protection against dismissal. Your company only needs to comply with the statutory notice period and other formal requirements. However, if you work for a company with more than 10 employees and have already completed the first six months of employment, then there must be a valid reason for the termination – although the employer does not have to state the reason when giving notice of termination.
- How many holiday days are you entitled to? Even as a seasonal worker, you are entitled to paid leave. This is at least 2 days for each month in which you work full time.
- Are you entitled to have breaks at work? If you work between 6 to 9 hours a day, you are entitled to a 30-minute break after no later than 6 hours. If you work more than 9 hours a day, the break is extended to 45 minutes. Breaks are not considered working time and are therefore not paid.
- How much should i be paid? A minimum wage is mandatory for all employees in Germany. This means no employer may pay less than this hourly wage. Since 1 January 2022, the minimum wage has been EUR 9.82 per hour gross. This means before taxes and other charges are deducted from this amount.
- What rights do I have as a pregnant woman at work? You should tell your boss about your pregnancy not later than three months after it is verified; So that the company enough time to find a substitute for you. Anyone who works in Germany and becomes pregnant is legally entitled to fourteen weeks off as maternity leave – at least six weeks before and eight weeks after childbirth. The job protection (Kündigungsschutz), protects you from being fired from the moment your pregnancy begins until up to four months after childbirth. If you apply for parental leave (Elternzeit), the protection against dismissal can be extended.