Nearly every work contract consists of general terms and conditions made by the employer pertaining to a large number of employees (Allgemeine Geschäftsbedingungen). The employer has the power and dictates the conditions of the work contract without negotiations between employer and employee. Because the employee’s negotiation position is the weakest, the law (clause 305 ff. BGB – German civil code) is geared to protect the employee. This means that not everything that is written in the contract is allowed by law. Generally, it should be asked by signing a work contract which contains conditions not permitted by law. But if the conditions aren’t permissible in the contract they may be invalid. In brief, the lawyer will check the contract and identify permissible conditions as well as impermissible ones. The latter do not apply since they are unlawful to begin with.
In civil law, the party who loses the case has to pay the court fees and the legal expenses of the winning party. In labour law cases it is different. In the first level of jurisdiction (1. Instanz) each party has to for pay its own lawyer – regardless of which party wins or loses, which can be costly. Therefore legal protection insurance (Rechtsschutzversicherung) is necessary. Note that the insurance is valid from three months after signing for insurance coverage.
Who is legal capacity in Germany?
In Germany, the minimum age for regular employment in a business is 15. Child labour is banned under the Child Protection Law (Jugendarbeitsschutzgesetz). Children fewer than 18 but still in full-time educations are also subject to restrictions in terms of the number of hours they may work.
Anyone aged 15 and above and no longer in full-time education may be employed for up to eight hours a day (40 hours per week) in an appropriate role. This means that they must not be overstretched physically or asked to perform tasks which are inappropriate given their age and experience.
Trainees may work in a business under a vocational training contract, which is not employment in the conventional sense. The federal employment agency in the context of a vocational guidance advises on the design of educators and the content of occupations and their subsequent labour market opportunities. A date for the advice can be agreed with the competent federal agency.
Nearly every work contract consists of general terms and conditions made by the employer pertaining to a large number of employees (Allgemeine Geschäftsbedingungen). The employer has the power and dictates the conditions of the work contract without negotiations between employer and employee. Because the employee’s negotiation position is the weakest, the law (clause 305 ff. BGB – German civil code) is geared to protect the employee. This means that not everything that is written in the contract is allowed by law. Generally, it should be asked by signing a work contract which contains conditions not permitted by law. But if the conditions aren’t permissible in the contract they may be invalid. In brief, the lawyer will check the contract and identify permissible conditions as well as impermissible ones. The latter do not apply since they are unlawful to begin with.
In civil law, the party who loses the case has to pay the court fees and the legal expenses of the winning party. In labour law cases it is different. In the first level of jurisdiction (1. Instanz) each party has to for pay its own lawyer – regardless of which party wins or loses, which can be costly. Therefore legal protection insurance (Rechtsschutzversicherung) is necessary. Note that the insurance is valid from three months after signing for insurance coverage.
Who is legal capacity in Germany?
In Germany, the minimum age for regular employment in a business is 15. Child labour is banned under the Child Protection Law (Jugendarbeitsschutzgesetz). Children fewer than 18 but still in full-time educations are also subject to restrictions in terms of the number of hours they may work.
Anyone aged 15 and above and no longer in full-time education may be employed for up to eight hours a day (40 hours per week) in an appropriate role. This means that they must not be overstretched physically or asked to perform tasks which are inappropriate given their age and experience.
Trainees may work in a business under a vocational training contract, which is not employment in the conventional sense. The federal employment agency in the context of a vocational guidance advises on the design of educators and the content of occupations and their subsequent labour market opportunities. A date for the advice can be agreed with the competent federal agency.
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