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…

Life Insurance Laws

Going home from work is not automatically covered by life insurance Federal Social Court of Kassel (Case B 2 U 9/19 R) Sometimes life does not go as planned. The case we are reviewing with you today is unfortunately concerning the tragic car accident of Hannes Hanke. The Case:  Mr. Hanke used to work as a chemical worker in his hometown in Germany. One day, just like many others, leaves Mr. Hanke his workplace, leaves the machine running, doesn’t say goodbye to his colleagues and doesn’t log off at the working hours file record. He usually calls his wife before Read more…

Termination agreement related to an employment contract

Template This is only a template of an employment termination agreement and shall be modified and adapted to your situation and needs. Termination Agreement Between the <Employer > and <Employee> § 1 Consensual termination of the employment relationship The parties agree that the employment relationship terminates by mutual agreement as requested by the employer on <date>. The employment relationship ends in compliance with the normal period of notice. Reason is the operational cessation of the job. §  2  Handling of open holiday leaves entitlement Holiday leaves entitlements arising from the termination of the employee’s employment relationship are granted to the Read more…

Warning letter under German labour law

Template This is only a template of a notice of warning and shall be modified and adapted to your situation and needs. <Sender> <Recipient> Notice of Warning <Date> Dear Mr./Mrs./Ms. <Surname>, We unfortunately have to communicate you that we are aware of the following: <Description of the misconduct> By doing so, you have violated an obligation under the employment contract, <name / clause>. Your misconduct leads us to this notice of warning. We hereby expressly inform you that we are not prepared to accept further breaches of duty.In case of another misconduct or illegal behavior, we will be ready to Read more…

Reference codes in Germany

The contents of a German work reference (Zeugnissprache) are generally standard formulations used in qualified certificates. They enable employers to make a final assessment of the conduct and performances of the employee. The standard patterns of these work references are constantly changing, so that no fixed sample is possible. Reference codes in Germany Examples of evaluations using German “reference codes” explicated in English: Work performances [Arbeitsleistung] Organization at work and achievements [Arbeitsweise und -erfolg] Behavior with superiors, subordinate employees, colleagues and customers [Verhalten gegenüber Vorgesetzen und Mitarbeitern] Leadership qualities [Führungsqualitäten] Credits [Danksagungen] Termination [Trennungsformeln] Hidden Information [Versteckte Hinweise]   Work Read more…

Employment references

Job references Employees and freelance employees are entitled to a certificate called in Germany “Zeugnis”. The prerequisite is a permanent employment relationship so that the assessor has enough time to recognize the professional and personal qualities of the employee. Person entitled to issue the reference certificate „Zeugnis“  The only person entitled to issue the reference certificate is the employer, but a superior of the employee can also take the assessment. Exhibitor of the certificate is the employer, but a superior of the employee can also take the assessment. It is important that the assessor is instructed to do so from Read more…

Holiday and leave entitlement in German labour law

The leave entitlement is regulated by the employment contract. The tariff regulations apply. According to the German Federal Leave Act, an employee is entitled to at least four weeks’ leave per year. This is equivalent to 24 working days or 20 working days for a 5-days week. However, the employee must first acquire his days off: he must be from six months in the employment relationship, and then he is entitled to his days off. During the first six months, he may apply for partial leave. Differences between “working days” (Arbeitstagen) and “business days” (Werktagen) Business days are all days Read more…