In general, working contracts can be written up freely between Employee and Employer. The employment contract can be a "word-agreement" but for legal reasons and simply a matter of proof it is always advisable to write the contract up and sign it. If a contract has not been written up,the employer then has a maximum of 1 Month (31 days) to write up the agreements after the employee started.
The language of the contract can be independently chosen,nevertheless it has to be translated into german if court cases etc. should occur, in order to avoid misunderstandings.
The Contract includes following elements:
- Start and (possibly) termination date
- Location of employment
- Short description of the tasks during the employment period
- Agreed shifts/working hours
- Duration of annual private holidays
- Periods of notice
- Collective Bargaining agreements in force,etc.
- A termination date always MUST be written on the contract, if not,the contract is automatically permanent
Borderlines to the freedom of the Contract
The individual drawing up of a working contract is restricted by the following :
- several legal regulations (minimum wage,maximum hours, etc.)
- Collective Bargaining agreement rights aplly imperatively to Employer and Employee
- Regulations within the enterprise apply compellingly for employee
Probation Period
The period of duration can take up to 6 months. During the time of probation the period of notice is 2 weeks unlees other agreements were made on paper.
Working Period
The working hours must not exceed 8 hours/day and 48 hours per week. Extention of working hours is possible up to 10 hours a day,if within 6 months after the "longer day" the company compensates the extra hours by either payment or holiday. Current working contracts in germany ususally include a weekly amount of hours from 35-40 hours.
After 6 hours of work, the company must grant a 30 min. brake, after 9 hours a 45 min. brake.
A single brake has to be at least 15 minutes long .
The daily rest period counts 11 hours.
Private Holidays
The law states an annual amount of 4 weeks paid holiday. (only sheduled work days off,are counted as holidays => 5 days a week,weekends do not count as holidays)
Reasons for employment termination
An employee can, in a businees of at least 10 employees, within 3 weeks after receiving the terminatiuon letter, initiate a court case against his employer for sozial adversity infront of the labour court. Reasons for employment termination can be of personal provenance or can have its origin in working performance of the employee.
The language of the contract can be independently chosen,nevertheless it has to be translated into german if court cases etc. should occur, in order to avoid misunderstandings.
The Contract includes following elements:
- Start and (possibly) termination date
- Location of employment
- Short description of the tasks during the employment period
- Agreed shifts/working hours
- Duration of annual private holidays
- Periods of notice
- Collective Bargaining agreements in force,etc.
- A termination date always MUST be written on the contract, if not,the contract is automatically permanent
Borderlines to the freedom of the Contract
The individual drawing up of a working contract is restricted by the following :
- several legal regulations (minimum wage,maximum hours, etc.)
- Collective Bargaining agreement rights aplly imperatively to Employer and Employee
- Regulations within the enterprise apply compellingly for employee
Probation Period
The period of duration can take up to 6 months. During the time of probation the period of notice is 2 weeks unlees other agreements were made on paper.
Working Period
The working hours must not exceed 8 hours/day and 48 hours per week. Extention of working hours is possible up to 10 hours a day,if within 6 months after the "longer day" the company compensates the extra hours by either payment or holiday. Current working contracts in germany ususally include a weekly amount of hours from 35-40 hours.
After 6 hours of work, the company must grant a 30 min. brake, after 9 hours a 45 min. brake.
A single brake has to be at least 15 minutes long .
The daily rest period counts 11 hours.
Private Holidays
The law states an annual amount of 4 weeks paid holiday. (only sheduled work days off,are counted as holidays => 5 days a week,weekends do not count as holidays)
Reasons for employment termination
An employee can, in a businees of at least 10 employees, within 3 weeks after receiving the terminatiuon letter, initiate a court case against his employer for sozial adversity infront of the labour court. Reasons for employment termination can be of personal provenance or can have its origin in working performance of the employee.
No comments:
Post a Comment