German employment law — practical reference
A plain-English orientation to the German employment-law landscape. Use the calculators and topic pages for specifics; this guide is the map.
1. Sources of German employment law
Bürgerliches Gesetzbuch (BGB §§ 611a ff., 622 ff., 626), Kündigungsschutzgesetz (KSchG), Mutterschutzgesetz (MuSchG), Arbeitszeitgesetz (ArbZG), Bundesurlaubsgesetz (BUrlG), Allgemeines Gleichbehandlungsgesetz (AGG), Sozialgesetzbücher (notably SGB III & IX), plus collective bargaining agreements (Tarifverträge) and works-council agreements (Betriebsvereinbarungen).
2. Forming the contract
Written form is not legally required for the contract itself, but the Nachweisgesetz mandates a written confirmation of the essential terms within 7 days of starting work. Probation periods up to 6 months are standard. Fixed-term contracts under TzBfG are restricted: with cause (§ 14 (1)) or without cause (§ 14 (2) — max 2 years).
3. Working hours and overtime
The ArbZG caps daily working time at 8 hours (extendable to 10 with averaging). Rest breaks are mandatory. Overtime is only compensated if ordered, tolerated or necessary — see the overtime calculator.
4. Holiday
Statutory minimum 4 weeks of paid holiday per year (§ 3 BUrlG). Most contracts provide 25–30 working days. Holiday no longer forfeits automatically at year end (CJEU C-684/16). Unused holiday at the end of employment is paid out (§ 7 (4) BUrlG).
5. Special protections
Pregnant employees (§ 17 MuSchG), parental leavers (§ 18 BEEG), severely disabled employees (§ 168 SGB IX) and works-council members (§ 15 KSchG) enjoy heightened dismissal protection. In all of these, prior authorisation by the supervisory authority is required.
6. Anti-discrimination (AGG)
The Allgemeines Gleichbehandlungsgesetz protects against discrimination based on race, ethnic origin, gender, religion, disability, age and sexual identity. Notice periods for filing AGG claims are 2 months (§ 15 (4) AGG).
7. Reference letters
Qualified reference (§ 109 GewO) must be truthful and benevolently phrased. Standard target in negotiation is a "very good" overall grade. The wording is codified — read it carefully.
For a specific question, jump to the topic page — see dismissal, severance pay or the glossary.
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