In Germany, there are different types of employment contracts. Open-ended contracts are by far the most common. This form is also known as: employment contract / pdf contract, free standard employment contract, executive employment contract, employment form, employment contract, employment contract, commission contract, standard employment contract, model employment contract, seller contract, salary collective agreements often refer to a longer notice period. In this article, we have set out here the fundamental principles of German labour law, in particular protection against dismissal of workers. To give you an idea of what a typical German employment contract looks like, we have posted here a typical employment contract: Model_Employment_Contract_Germany_english_2013 Often both parties are reluctant to describe precisely what they need, want and expect. Instead, they work with model contracts that, while covering the basics of a professional relationship, are not very refined and can become a burden in the event of a dispute. Therefore, model contracts should only be used as a framework for personalised contracts tailored to the needs of both parties. The effectiveness threshold of a dismissal is quite high. The burden of proof lies with the employer and workers can challenge a dismissal in court. To be effective, the claim must be filed within three weeks of access to the termination. If the case is not resolved, the Tribunal can only decide that the termination is effective (duly substantiated) or that it is not effective. If the dismissal is effective, the employment relationship ends at the end of the notice period and the employee is not entitled to severance pay (unless there is a social plan or collective agreement providing for severance pay).
If the dismissal is not effective, the worker must return to his previous position and is entitled to an additional payment from the expiry of the notice period. […] For more information on German labour law and employment contracts, click here or please contact […] Staff working time shall not exceed eight hours per day and 48 hours per week. They may be extended up to ten hours per day, provided that the overtime worked is compensated by free time within a maximum period of six months. Most collective agreements currently in force generally provide for weekly work periods of 35 to 40 hours. You can`t ask a candidate if she`s pregnant. Applicants can be requested if they have a criminal record. This question can only be asked if it can be relevant to the employment relationship. If there is a works council, it must be informed and consulted before any termination. The notification to the works council must contain the personal data of the worker concerned, the nature of the dismissal, the period of notice and the reasons for the dismissal.
In general, vague, generalized words will not do. The same applies to redundancies within the first six months of employment. The purpose of this article is to provide an overview of the main rules and provisions. It cannot, of course, be a substitute for sound legal advice, but can serve as a starting point for those interested in German market and labour law. Ordinary dismissal terminates the employment relationship after the expiry of the notice period. Dismissal without notice immediately terminates the employment relationship without notice. In the event of a serious breach of the employment contract, the employer may dismiss and terminate the employment relationship with immediate effect. . . .