Working time, time off work & minimum wage
Germany
Employees entitled to minimum employment rights
All.
Working hours
On average, 48 work hours per week in any 6-month period; working time on a workday may not exceed 10 hours. Uninterrupted minimum break of 11 hours after every workday. Work on Sundays and official holidays requires special permission. Working hours must be recorded by the employer.
Overtime
No overtime rate set forth by statute – instead, subject to contractual agreement, which is largely regulated by standard contract term provisions. The agreement must be fair; any provision incorporating overtime into overall wages must be related to a defined amount of overtime.
Wages
As of October 1, 2022, the legal minimum wage is EUR12 gross per working hour. Generally, these rules also apply to trainees, except those undergoing compulsory practical training. A few more exceptions are made for arrangements regarding apprentices, volunteers and former long-term unemployed workers. Furthermore, there are also industry-specific minimum wages (eg, in the construction sector).
Vacation
Four weeks per year plus local public holidays (between 9 and 12 days, depending on the state). Additional vacation entitlements beyond the legal minimum vacation entitlement may be agreed in the employment contract or collective agreement.
Sick leave & pay
Statutory sick leave and pay provisions allow for up to 6 weeks of employer-paid sick leave, followed by 72 weeks of sick allowance paid through the public health fund. Sick allowance is based on the earned income within the previous 12 months and amounts to 70 percent of such. It is calculated per calendar day and is limited to the statutory maximum of EUR116.38 per day (year 2023).
Maternity/parental leave & pay
In Germany, a distinction must be made between maternity protection and parental leave. Maternity protection serves to protect the mother from health risks in connection with childbirth. Parental leave, on the other hand, is available to both parents. The maternity protection period is 6 weeks before birth and 8 weeks after the birth. During these periods, employment is prohibited. The mother can only waive the periods of protection before childbirth. Parental leave paid by the state for 12 months – 14 months if the other parent takes at least 2 months – with a 65-percent net payment rate (ie, Basic Parental Allowance). Further 24 months of unpaid parental leave are possible with full protection within the workplace and the right to return to work. Parental Allowance Plus is available for twice as long as Basic Parental Allowance. The employee can choose either 1 month in which the employee receives Basic Parental Allowance or 2 months in which the employee receives Parental Allowance Plus. If the employee does not work after their child’s birth, Parental Allowance Plus is half the amount of Basic Parental Allowance.
Other leave/time off work
According to the German Civil Code, employees may also be entitled to temporary leave for other purposes, such as the death of close relatives, a doctor’s visit, or illness and care of family members, among others.