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?
job security
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.
German labor law
Germany has relatively strict employment and labor laws: Many provisions have a special emphasis on protecting employees. However, these laws also provide clear guidance for employers on individual employment contracts, employee benefits and entitlements, and rules around termination and dismissal.
Features of German Employment Law
Relations between German employers and employees are extensively regulated under German labor and employment law. German labor and employment law is strongly biased in favour of employees and is probably best referred to as the “employee protection law”.
Dealing with the Works Council
In this video Dr. Gerlind Wisskirchen explains 5 principles you should abide by when dealing with the works council in Germany. The German works council system is quite unique in the world, and many companies complain about their dealings with the works council.
Most companies consider it as a daily, almost tedious task to deal with the works council, and they find it extremely difficult to get to results. By abiding by all these principles, you can do much better with dealing with works councils!
Employment law: Basic information
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.
Termination of the employment relationship
You or your employer may terminate your seasonal employment relationship early. The notice periods to be observed are stated in your employment contract. Your employment may only be terminated without notice in specific cases.
A notice of termination is only valid if it can be proven to have been handed over. This is the case when a notice of termination exists as a written document and has been signed by both parties. A notice of termination is also valid if a witness was present when notice was given or handed over as a written document. Notice of termination by email is not deemed to be written notice of termination and is therefore invalid.
Working hours
The average working hours in Germany is 8 hours per day. This can be extended to up to 10 hours per day for a short period. A rest period of 11 hours is normally prescribed between 2 shifts.
Breaks
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. Labour law prohibits taking the break at the end of the day’s work in order to leave earlier.
Breaks are not considered working time and are therefore not paid.
Holidays
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. The holiday pay may also be paid to you at the end of your period of employment if you have agreed this with your employer in advance.
If you work on Sundays or public holidays, your employer must offer you a corresponding number of days off in lieu within 8 weeks.
Wages
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.
Even if you have agreed a piecework rate with your employer, you may not earn less than the statutory minimum wage.
Your employer must also give you a pay slip. This lists the tax amounts that will be deducted from your gross wage. If your employer provides accommodation, the cost for this may also be deducted from your wages. The corresponding amount must also be shown on the pay slip.