Germany: Employee rights

Updating author: Alexander Schlicht, Karin Sültrop and Johanna Sophie Sittner, Osborne Clarke, Germany

Original author: Karen Ullmann

See the legal services provided by the author of International > Germany, including any discounts/offers for subscribers.

Summary

• The legal framework for coronavirus protection measures in the Infection Protection Act has expired. (See Coronavirus - emergency measures)
• There are various rules regarding employees' hours of work, with particular restrictions for night workers. (See Hours of work)
• Employees are entitled to minimum rest breaks, and rest periods after completion of their working day. (See Rest breaks and rest periods)
• Subject to exceptions, for example in hospitals, Sunday work is prohibited. (See Sunday work)
• There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holidays and holiday pay)
• Pregnant employees and new mothers have various rights, including maternity leave and pay. (See Maternity and pregnancy rights)
• Natural and adoptive parents are entitled to take parental leave and receive state parental benefit. (See Parental leave)
• Employees have various rights to take time off work to care for a close relative. (See Carer's leave)
• Employees do not lose their entitlement to remuneration if they take "force majeure" leave. (See Force majeure leave)
• Part-time employees have various rights, such as to be treated no less favourably than a comparable full-time employee, except where such treatment can be justified. (See Part-time workers)
• Fixed-term employees have various rights, and can be used only in certain circumstances. (See Fixed-term workers)
• Employers have various obligations in relation to remote workers. (See Remote workers)
• There are various rules regarding temporary agency workers, such as the requirement to have employment contracts with the temporary work agency. (See Temporary agency work)
• Workers posted to work in Germany from other countries are covered by certain German legal and administrative regulations. (See Posted workers)
• If a business or part of it is transferred to a new owner, its employees also transfer. (See Transfers of undertakings)
• There are rules regarding payments for employees in the event of the employer's insolvency. (See Insolvency of employer)
• Disciplinary sanctions and procedures against employees are not regulated by statute. (See Disciplinary and grievance procedures)
• There are various rules regarding the processing and use of employees' personal data. (See Data protection)
• Employers have obligations to protect whistleblowers. (see Whistleblowing)