Learning outcomes

To understand the structure and the contect of work contracts

To separate the different types of employment forms

Key legislation

• Civil Code (Bürgerliches Gesetzbuch).
• Law on temporary employment (Arbeitnehmerüberlassungsgesetz).
• Act on Working Hours (Arbeitszeitgesetz).
• Federal Data Protection Act (Bundesdatenschutzgesetz).
• Federal Family Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz).
• Federal Leave Act (Bundesurlaubsgesetz).
• Maternity Protection Act (Mutterschutzgesetz).
• Part-time and Fixed-term Employment Act (Teilzeit- und Befristungsgesetz).
• Labour Court Act (Arbeitsgerichtsgesetz).

Which issues would you most highlight to someone new to your country?

In general, German employment laws offer a high level of protection for employees. These provisions are not codified in one act, but are spread out over several statutes, including:

• the Protection Against Dismissal Act (which provides for strong dismissal protection after six months of employment and in operations of more than 10 employees);
• the Working Time Act (which limits daily/weekly working hours and provides for rest breaks and public holidays);
• the Part-Time and Limited-Term Act (which provides for part-time entitlements and restricts fixed-term contracts); and the Minimum Wage Act.

Employment is in the base of every country and every person’s life. It is a vital area in which two main parts co-live: employer and employee. But it usually also means a complex relation in which the interests of each party are confronted. For this reason, Employment Law is necessary in each country.

Employment Law usually covers all parts of the labour relation: rights, obligations and responsibilities of all parts included in it, from salaries to holidays. Each country has specifics in employment law, which means that points such as the number of hours worked per week or the legal rights of a pregnant woman are probably not going to be the same in each country, even though they will be included in the Employment Law.

In the following chapter, we will take a deeper look at Employment law in the country.