Employee rights & obligations

An employment contract is required for employment. It regulates the legal basis of an employment relationship between the employer and the employee. Points that are typically regulated in the employment contract are

• Start of the employment relationship

• place of work

• working hours

• Job description

• remuneration

• Vacation

• Sick leave

• Notice of termination

• Probationary period

The number of hours worked per week depends on the employer, the tasks and the industry. In many companies, employees work approx. 40 hours per week spread over 5 days.

Employees' working hours on weekdays may not exceed 8 hours. It can only be extended to up to ten hours if an average of 8 hours per working day is not exceeded within 6 calendar months or within 24 weeks.

The statutory minimum entitlement to paid leave is 20 days for a 5-day working week. However, many companies grant more vacation days.

In Germany, there is a minimum wage that must not be undercut. The general statutory minimum wage has been €12.82 per hour since January 1, 2025. On 1 January 2026, the minimum wage will increase to €13.90 per hour.

As an employee, you are entitled to regular and punctual pay, which is set out in the employment contract or collective agreement.

The salary that is usually listed in an employment contract is higher than the amount that is paid to you each month. A distinction is made between gross and net salary. The reason for this is that the employer pays taxes and compulsory insurance for the employee from the gross salary. He pays for you:

• Wage tax,

• health insurance,

• unemployment insurance,

• nursing care insurance,

• pension insurance.

If you have been permitted to take up specific employment with the approval of the Federal Employment Agency, your residence permit is tied to an employer and working conditions. If this changes, the residence permit must be amended. You will then need to obtain renewed approval from the immigration authority .

As an employee, you have the right to continued payment of wages in the event of illness for a maximum of 6 weeks.

As an employee, you are obliged to inform your employer immediately of any illness and to submit a certificate of incapacity for work if the incapacity for work lasts longer than three days.

You can terminate the employment relationship at any time without giving reasons, subject to the notice period. Unless otherwise stipulated in the employment contract or collective agreement, the notice period is 4 weeks.

An employer can only terminate for good cause. Reasons can be of an operational, behavioral or personal nature.

The notice periods that apply to employees and employers are usually set out in the employment contract.

The employment relationship is usually preceded by a probationary period . Open-ended employment contracts can include a probationary period of up to 6 months . During the probationary period, the employment relationship can be terminated with a notice period of 2 weeks.

Employees enjoyspecial protection against dismissal, e.g. during pregnancy or parental leave.

Other typical rights that you have as an employee are

• Entitlement to parental leave and protection periods for pregnant women, mothers and fathers under the Federal Parental Allowance and Parental Leave Act (BEEG) and Maternity Protection Act (MuSchG). Pregnant employees enjoy special protection under the Maternity Protection Act (MuSchG), which guarantees time off work and protection against discrimination.

• Discrimination on the basis of gender, age, religion, origin or sexual orientation is prohibited.

• Every employee is entitled to a qualified reference upon termination of employment.

• The employer must protect health and safety in the workplace, e.g. through appropriate safety measures.

• Employees have rights regarding the processing of their personal data by their employer, e.g. under the General Data Protection Regulation (GDPR).

• Employees are entitled to part-time employment under certain conditions and to a written employment contract.

Other typical obligations that you have as an employee are

• The employee must perform the contractually agreed work to the specified extent and with the necessary care.

• The employee must attend work regularly and punctually and be present.

• The employee must not withhold work or be absent without good cause.

• The employee must cooperate with the employer, in particular when agreeing working hours or conditions.

• The employee is obliged to protect company secrets and not to disclose any confidential information.

• The employee must follow the employer's instructions, provided they are lawful.

• The employee is obliged to keep correct timesheets if this is necessary.

• The employee is obliged to take care of his/her own health and safety and to comply with regulations.

• The employee has a duty of loyalty to the employer and must safeguard confidential information.

• The employee must comply with all contractual agreements, e.g. working hours and working conditions.

• Employees may not pursue their own interests that are in direct competition with the employer.