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Work and residence in Germany

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This information is intended to provide an initial and general overview related to taking up work in the Federal Republic of Germany.

We therefore recommend that you contact your future employer or the relevant bodies (e.g. the employment office, insurance company, accountants etc.) if you have detailed questions.

Contents

I. Work and employment

1. Preliminary remark
2. Collective agreement
3. Employment contract
4. Rights and obligations
5. Wages and salaries
6. Working time
7. Holidays
8. Sickness
9. Termination of the employment relationship

II. Social security of the employee

1. Social insurance
2. Statutory health insurance scheme
3. Statutory pension scheme
4. Unemployment insurance
5. Compulsory accident insurance

III. Wage and income tax

IV. Accommodation and lodging

V. If you have found work in Germany

Work and employment

1. Preliminary remark

In this section we can only give you an overview. Please obtain further details in good time from your employer in Germany.
German labour law also applies to foreign workers while they are employed in Germany. When you work in Germany you are treated as equal to German employees as far as labour law is concerned and if there are differences of opinion with your employer you can also appeal to the works council or the labour court.

2. Collective agreement

Collective agreements play an important role in German employment relationships. They are negotiated from time to time between the trade unions and employers of the different branches of the economy. Collective agreements are a component of the employment contract; they apply equally to employees and employers. They also include in particular agreements concerning the minimum wages and salaries of employees in the particular industry or firm.

3. Employment contract

The employment relationship is generally recorded by means of a written employment contract. According to the principle of equal rights for men and women, employers must not exclude men or women on principle when filling a job. When recruiting, they are obliged to ask only such questions whose answers are of legitimate interest with regard to the intended employment relationship; questions regarding an intended marriage or a pregnancy for example are inadmissible. On the other hand the employee must point out voluntarily any illnesses or physical impairments that affect the performance of the intended activity.

In firms which have a works council (Betriebsrat), the agreement of the works council is required for every recruitment. All firms that have more than five employees (who are entitled to vote for the works council) have to have a works council. In public service the staff council performs corresponding tasks.

4. Rights and obligations

The employee is obliged to perform the services agreed. In case of doubt, the purport and extent of his rights and obligations depend on the terms of the contract valid for the contractual relationship, general laws or on the collective agreement.
The employer for his part is obliged to remunerate as agreed the services provided.

5. Wages and salaries

Wages and salaries are usually paid by bank transfer. The employee should therefore open an account at a bank or at the post office bank. All banks, savings banks and the post office bank carry out transfers abroad.

6. Working time

Please note that not only the dates of the beginning and end of the employment relationship, but also the weekly and daily hours of work are regulated in the employment contract, by collective agreement or by means of a works agreement. In case of doubt the regular working hours in the company are regarded as agreed.

7. Holidays

Employees over the age of 18 receive at least 18 days' holiday per year. The minimum holiday increases according to collective agreement, age and/or job duration. Employees generally have between 25 and 30 days' holiday per year.

During the probationary period the employee can not usually take any holiday. Furthermore the employer and employee must come to an agreement in each case about when the holiday may be taken. The employee must not take up any other paid employment during the holiday.

8. Sickness

In the case of sickness the employee generally has a legal claim to continued payment of wages or salary for six weeks. The employee must prove his incapacity for work at the latest on the third day of sickness by means of a medical certificate. He is obliged to inform his employer immediately of his incapacity for work and its expected duration. This may also occur by telephone or by relatives or colleagues informing the employer. The same also applies if the employee becomes ill on holiday.

9. Termination of the employment relationship

Temporary employment relationships end automatically, i.e. without notice of termination, after the agreed