If you have just got a job in Germany or are hoping to get one, this article is for you. In this article, I share the types of employment contracts in Germany and also what to look for before signing an employment contract in Germany. A standard full-time employment contract means that an average of 36 to 40 hours are worked per week. To support your projects, we have created this guide, which contains the basics of employment contracts in Germany. After reading this guide, you`ll learn all about Social Security, notice periods, and average working hours. Once you have accepted your new job, your employer will present you with an employment contract that covers all the details of your employment contract. You don`t have to sign this right away. They are usually able to remove it and check it to make sure you understand all the elements and are satisfied with them. To avoid any misunderstanding or dispute, a version of this Agreement must be translated into German. There are two types of contracts that are applied in Germany: But step by step: What exactly should a German employment contract contain? Simply put, your employment contract in Germany sets out all your rights and obligations as an employer vis-à-vis your employee – and vice versa. Thus, your German employment contract contains all the details of your new path: where you will work, for how long, how much and for what money. Employment contracts often refer to collective agreements.
This means that collective agreements apply to the employment contract even if the employee is not unionized. In Germany, an employment contract is legally required to be concluded in writing, and it must be given to the employee no later than one month after the start of his employment. All employment contracts must include the following elements: the duration of the notice period for the employer depends on the seniority of the employee and varies from 4 weeks for employees with less than 2 years of service to 7 months for employees with more than 20 years of service. Unless otherwise specified in the employment contract, the extended statutory notice periods apply only to dismissals by the employer, while the employee may terminate the employment relationship with four weeks` notice until the 15th or the end of a calendar month. In most employment contracts, the notice periods for employees are aligned with the extended deadlines applicable to employers. Collective agreements may provide for more or less long notice periods, while individual employment contracts may only provide for longer periods of notice. Mini-employment contracts are low-paid, low-skilled part-time jobs with a salary of up to €450 per month. In a mini-employment contract, the employer pays only part or none of the government-subsidized health insurance premium. These are also common roles for students looking for an employment contract in Germany. A freelancer can offer his service to a client for a fee in this type of contract. The contract may contain specific obligations during the term of the contract, the duration of the contract and the conditions for terminating the contract. For example, a freelance photographer who offers his service to a model.
Familiarize yourself with the sample German employment contract in advance so you know what to pay attention to when you get your own contract. Employment requires that certain forms of legislation be followed, including: The most effective and effective method of integrating employees in Germany is a global recruitment company such as Bradford Jacobs. Our Employer Professional Organization (PEO) and Employer of Record (EOR) services manage every step of the employment process, from finding the employee to verifying the payment of their first cheque on time. We can make sure the right people are at the right time to help you launch your business expansion plans. National labour legislation, collective agreements and company agreements are the main sources of labour law in Germany, which regulate working conditions, social benefits and health and safety regulations. Conditions vary by industry and industry. Although your employment contract details different areas of expectation for you, you can review it in depth to avoid surprises. The following checklist can help you focus on some very important aspects.
To know exactly what you can and cannot apply to your work practices in Germany, it is important that the employer is aware of existing labor laws and employee rights and works with the appropriate local employment organizations. Each freelancer signs a contract with all their clients to describe their working relationships. Two types of freelance employment contracts are popular in Germany. The employer is legally obliged to provide the employee with the essential contractual conditions in writing no later than one month after the start of the employment relationship. Conditions of employment are mainly governed by laws, collective agreements and company agreements. As a general rule, the employment contract may not derogate from these provisions to the detriment of the employee. In order to avoid future disputes, a version of the employment contract must be drafted in German. However, this is not required by law. Your employer may suggest severance pay or a termination agreement. If this is the case, they have a simple reason: they should leave without “fuss” (work process). In Germany, there is a very strong labour law that protects employees. Caution should be exercised if your employer offers a termination contract.
First of all, don`t sign anything! In Germany, employment contracts can be drawn up in any language. In the event of a dispute, however, a German translation is also required. In all cases of contract translation, employers must take into account the impact of these translations on their employees and local authorities. Other contracts include; Mini-employment contract, recruitment contract and freelance contract, service contract and contract for certain jobs. Bradford Jacobs` in-depth knowledge of all aspects of German labour law makes us the ideal partner for your expansion on the doorstep of Europe. An employment contract of indefinite duration means that the position does not have a fixed term, but is offered on a long-term basis. A permanent position is ideal for anyone looking for job security and wants to live in Germany for the long term. Employers and employees can agree on a probationary period, which is limited by law to a maximum period of six months. The notice period during the trial period is two weeks, unless otherwise agreed. The Protection against Dismissal Act does not apply during the first six months of the employment relationship, whether or not the parties have agreed on a probationary period. Any modification of the employment contract must be made with the consent of the employee and the employer. If the employer wishes to change the terms and conditions of employment, the employer must discuss and agree on the changes with the employee before doing so.
To avoid these serious risks, use an employer of record (EOR) like Bradford Jacobs. With our knowledge and expertise in international talent acquisition, we can manage the intricacies of German labour law for you, provide accurate and reliable translations and guarantee your rights and those of your employees, wherever you are. As a rule, the employment contract is concluded for an indefinite period. A fixed-term employment contract is possible if the duration is agreed in writing before the start of the employment relationship. A fixed-term contract ends automatically without prior written notice at the end of its term. A fixed-term employment relationship must be justified on objective grounds, some of which are regulated by law (e.g. .B. temporary increase in the volume of work, representation of an employee during parental leave).
In the absence of objective reasons, fixed-term employment is limited to a maximum period of two years, unless there has been a previous employment contract with the same employer. If the parties continue the employment relationship after the expiry of the fixed-term contract, the contract is deemed to have been concluded for an indefinite period. In 90% of cases in which employees enter into a termination contract, they are not entitled to unemployment benefits for the first 12 weeks. If the employer offers sufficient financial compensation or other benefits, you may want to consider signing. However, ask a lawyer to review the conditions before doing so. No later than one month after the agreed start of your employment relationship, the essential contractual terms must have been determined in writing – and signed by both parties. In the event that certain regulations such as public holidays or working hours are not fixed, the legal provisions still apply. However, don`t feel pressured or even blinded by your happiness to blindly sign your employment contract. Each employer should give you enough time to review each part of your German employment contract so that you can be sure that your wishes have been met and that your expectations have been met. The duration of a perpetual contract is not disclosed and is indeterminate. It often includes a six-month trial period after which your contract will be permanently renewed.
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