GermanyEmployment
Wrongful termination, overtime pay, unpaid wages, discrimination, leave rights
25 questions
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Dismissal Protection
(10)What are the notice periods for employment termination?
In Germany, standard notice periods range from 2 weeks during probation to up to 7 months for employees with 20+ years of service — depending on tenure and employer size.
What constitutes unfair dismissal under German law?
Unfair dismissal in Germany occurs when an employer terminates an employee with over 6 months’ service without a valid social justification—such as conduct, personal reasons, or urgent operational needs—and fails to follow required procedural and social selection rules.
Can my employer fire me without notice?
Yes, but only for serious cause and within strict legal limits — such as gross misconduct — and the employer must act within two weeks of learning about the reason.
What is a severance payment and when am I entitled to one?
A severance payment (Abfindung) in Germany is a one-time financial compensation paid to an employee upon termination of employment, typically ordered by a court under KSchG § 9 when continued employment is unreasonable — not an automatic right after every dismissal.
What is a change-related dismissal (Änderungskündigung)?
A change-related dismissal (Änderungskündigung) is when an employer terminates employment but simultaneously offers to continue it under changed conditions — and the employee may accept conditionally, challenging the fairness of those changes.
Can I be dismissed during the probation period?
Yes, you can be dismissed during the probation period in Germany, but only with a two-week notice period and subject to anti-discrimination rules.
What are mass layoff notification requirements?
Employers in Germany must notify the Federal Employment Agency (Agentur für Arbeit) before carrying out mass layoffs — defined as dismissals of specific minimum numbers of employees within 30 days, depending on company size. They must also consult the works council and follow strict procedural rules.
Can I be fired for misconduct?
Yes, you can be fired immediately for serious misconduct under German law — but only if it constitutes a 'good cause' and the employer acts within two weeks of learning about it.
Must termination be in writing?
Yes, under German law, all employment terminations must be in written form to be valid — electronic forms like email or SMS are not sufficient.
How do I challenge an unfair dismissal in court?
You must file a lawsuit at the labor court within three weeks of receiving the written dismissal notice, claiming the dismissal is socially unjustified or invalid.
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Hiring & Contracts
(4)What happens to my employment if the company is sold?
Your employment automatically transfers to the new owner under German law, with your existing terms preserved for at least one year — unless you formally object in writing within one month.
Do I need a written employment contract?
No, German law does not require a written employment contract for validity—but your employer must provide key terms in writing within one month of starting work.
Am I entitled to a work reference certificate?
Yes, you are legally entitled to a written work reference certificate when your employment ends in Germany.
What is a temporary employment contract and when is it allowed?
A temporary (fixed-term) employment contract in Germany ends automatically when its agreed duration expires and is only allowed for objective reasons or up to 2 years with no reason required, under strict limits.
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Vacation & Leave
(2)How many vacation days am I entitled to per year?
You are legally entitled to at least 24 paid workdays of vacation per calendar year in Germany.
Can I carry over unused vacation to the next year?
Yes, but only under specific conditions — unused vacation can carry over to the next year if urgent business or personal reasons justify it, and must be taken by March 31 of that year.
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Wages & Pay
(2)What is the minimum wage in Germany?
As of January 1, 2024, the statutory minimum wage in Germany is €12.41 per hour. It applies to all employees aged 18 and over, with very limited exceptions.
Can my employer reduce my salary?
No — your employer cannot unilaterally reduce your salary unless you agree in writing or a valid collective agreement or works council agreement permits it.
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Working Hours
(5)What are the maximum working hours per day?
In Germany, the standard maximum is 8 hours per workday, but it can be extended to up to 10 hours if the average over 6 months or 24 weeks stays at or below 8 hours.
Am I entitled to breaks during my work shift?
Yes, under German law, you are entitled to mandatory rest breaks if your workday exceeds six hours.
Must my employer record my working hours?
Yes, your employer must record your daily working hours in Germany, as required by law and confirmed by the Federal Labour Court.
What are my rights if I work overtime?
You have the right to be paid for overtime unless your contract waives it — but only if the overtime was ordered, approved, or objectively necessary. Daily working time is capped at 8 hours (up to 10 hours under strict averaging rules).
What happens if I am sick and cannot work?
If you're temporarily unable to work due to illness without fault, you’re entitled to continued pay for a short period under BGB § 616 — but only if the absence is proportionally insignificant (typically up to 5 days). You must offset any statutory sick pay you receive.