German Individual and Collective Labour Law

Labour law includes all legal rules relating to a service rendered within the framework of a dependent activity. It can be divided into individual and collective labour law. These two areas are not always clearly distinguishable from each other. The following figure shows an overview of labour law in Germany – in terms of legal sources, areas and stakeholders. Did we catch your attention? Do you want to know more about German Labour Law? CONTACT US.  We also offer labour law seminars on request. Get in touch with us. 

Labour Law Protagonists and Roles

Who are the protagonists of the German Labour Law System? The German labour law system distinguishes between the following protagonists: International workers in Germany? You should have a look at the following article.  Employee: An employee in the sense of labour law is someone who works for another in personal dependence on the basis of a contract regulated under private law for remunerated services. In order to distinguish employees from self-employed persons, German case law has developed many individual criteria: This includes whether and that a person is bound to a specific place and time, is integrated into the company organisation Read more…

The pandemic for minijobbers in Germany – Federal Labour Court

The influence of a worldwide pandemic for minor employees : Federal Labour Court, judgement of 13.10.2021, 5 AZR 211/21 A decision has been made: no remuneration for mini-jobbers in case of official shop closure during the pandemic crisis. Let us have a closer look at the case:  20.10.2021. Due to the state issued “hard lockdown” at the beginning of the Corona pandemic, many employees could no longer fulfil their employment positions.To ensure workers’ compensation and employers’ solvency, the federal government simplified the requirements for receiving short-time allowance (Kurzarbeit). This allowed employees subject to social security contributions to receive short-time allowance. On Read more…

WORK-Ways in Germany: Homeoffice, Heimarbeit, Telearbeit…

WORK-Ways in Germany: Homeoffice, Heimarbeit, Telearbeit… Working in Germany? That’s something you should know. Various terms circulate for the actual  “working from home”. Legally, however, there can be crucial differences between home office, telework and working from home. Home office has been the norm for many people during the pandemic. People often speak synonymously of “working from home”, “teleworking” or “mobile working” when they are talking about working from home. However, when it comes to written agreements with the employer or even a legal right to home office, the correct term is crucial. Because legally there are sometimes major differences.There Read more…

Part-Time Employees Discrimination? Not in Germany

BAG v. 15.10.2021 – 6 AZR 253/19 No discrimination against part-time employees & the TVöD-K Regulation  The case concerns a german nurse/caregiver suing against the clinic she has been working for severals years. as a part-time nurse with a weekly working time of 32 hours. She works alternating shifts and shifts according to a duty roster for the month. Due to the fact that both parties are bound by collective agreements, the provisions of an in-house collective agreement of 19 January 2017 apply, which in turn refers to the TVöD-K in the version applicable at that time for the remuneration of overtime Read more…

Working hours under German labour law

Working hours and allowed breaks When should you start working? How many breaks do you have? How long does your break last? How have your working hours been distributed throughout the whole week? All those information will be provided to you in your contract of employment. Daily working time According to the Working Time Act (Arbeitszeitgesetz), the maximum working time per day is eight hours. This time can be extended to up to ten hours. Prerequisite: in six months (24 weeks) the average of your working hours should not exceed 8 hours a day. Breaks and rest periods According to Read more…

Renting a flat by your employer: take or toss?

We have all heard of/or lived such a situation once in our lifetime, in person of through friends or family members. There is going to be a big change in your work life and your new employer asks you to leave your home and go and live near to the new workplace. Actually, a practical solution, if you think about all the stress trying to search for a new flat in a new place and started to move without knowing if the new job is exactly what you were hoping to be. What happen however to your partner/spouse/children if you Read more…