Several European countries and some American states and cities have debated legislation limiting after-hours contact. In the United States the measures have been introduced in a handful of jurisdictions and have mostly not passed. The idea is live in American discussion and largely absent from American law.
At-will
The default American employment relationship can be ended by either side at any time, for any lawful reason, without notice. There is no equivalent of a statutory notice period accruing with service. Availability is not protected by anything.
Exempt employees
American wage law divides employees into those entitled to overtime pay and those exempt from it, and exempt status covers most professional and managerial roles. For those workers the law places no limit on hours and requires no additional payment.
Unlimited PTO
A number of American companies have replaced fixed vacation allowances with unlimited policies. Research and reporting repeatedly find that employees under them take less leave rather than more, because nobody can say what is normal.
Unused vacation
American employees leave paid vacation days unused every year, and survey organisations count them annually as a recognised national phenomenon. The days exist, they are granted, and they are not taken.
The Family and Medical Leave Act
The 1993 statute provides up to twelve weeks of leave for the birth of a child, a serious illness or the care of a family member — and the leave is unpaid. It applies only to employers above fifty employees, and only to staff with a year of service and enough hours behind them. A substantial share of the American workforce falls outside it.
No statutory paid leave
The United States is the only advanced economy with no federal law requiring paid annual leave. There is no minimum, no entitlement, and no obligation on an employer to grant any.
Where leave exists it is a benefit offered by the employer, negotiated individually or set by company policy, and it can be changed.
Birgit Steinborn, Head of Siemens Works Council
According to the daily Frankfurter Allgemeine Zeitung, Birgit Steinborn is Germany’s most powerful female executive. She heads up the works council at Siemens, and was recently appointed deputy chairwoman of its supervisory board. Who is Birgit Steinborn? How did she become such a high-flier? And how does she feel about the company’s plans to slash jobs?
Negotiations with the Works Council
How to negotiate with the works council? Preparation is key! Practical action plan: 1. Establish the right team. 2. Know your business case. 3. Set specific goals. This video is the second episode of the German Labor Law video series. In this video – Negotiations with the Works Council – Dr. Gerlind Wisskirchen will explain the key principles you should abide by when negotiating with the works council.
Jobsicherheit vs. Gehalt
Some graduates or applicants eventually reach the point where a decision has to be made: Am I looking for a job that is secure? Or one with a great salary?