Introduction
Are you planning to work in Germany and wondering what your rights as an employee are? Understanding collective wage agreements (Tarifvertrag), the statutory minimum wage, and legal working hours is crucial to ensuring fair and safe working conditions. In this article, we provide you with the basic information you need to protect your rights and achieve the right balance between your professional and private life.
What is a collective wage agreement (Tarifvertrag)?
A collective wage agreement (Tarifvertrag) is an agreement concluded between trade unions (Gewerkschaften), which represent the interests of workers, and employers or employer associations. Its purpose is to regulate working conditions in specific sectors, such as pay, working hours and vacation – for example in the metal and electrical industry or in the chemical industry. In many cases, collective agreements offer more favourable conditions for employees compared to companies or sectors that do not fall under such agreements.
The minimum wage in Germany
What is the statutory minimum wage?
In Germany, workers, employees and in some cases even trainees are entitled to the statutory minimum wage (Mindestlohn), which is regularly adjusted. As of 1 January 2024, the statutory minimum wage has been increased to 12.41 euros per hour. It is not permitted to pay less than this amount.
Who is not covered by the minimum wage?
There are a number of exceptions where the statutory minimum wage does not apply, including:
Mandatory internships (Pflichtpraktikum) as part of school or university requirements
Orientation internships (Orientierungspraktikum) for career orientation or before starting university studies, provided they do not exceed three months
Participants in programmes of the Federal Employment Agency, such as entry-level qualification schemes (Einstiegsqualifizierung)
Long-term unemployed persons who have started a new job less than six months ago
Volunteers who work without pay
Minimum pay for trainees (Azubi-Mindestlohn)
Since 1 January 2023, the statutory minimum remuneration for trainees in their first year of training has been set at 620 euros per month. This amount increases in the following years of training according to the applicable legal provisions.
Legal working hours in Germany
Maximum daily working hours:
As a rule, employees may not work more than 8 hours per day.
Temporary extension:
Daily working time may be extended to up to 10 hours for a limited period, provided that the additional hours are compensated within six months.
Breaks:
If you work more than 6 hours, you are entitled to a break of at least 30 minutes.
If you work more than 9 hours, your break time increases to at least 45 minutes.
Short interruptions:
Breaks of less than 5 minutes – such as short visits to the bathroom – are not considered official rest breaks.
Rest period between working days:
You must have at least 11 hours of uninterrupted rest between two working days.
Are breaks paid?
As a rule, breaks are not paid and do not count as actual working time.
Overtime (Überstunden)
Do you have to work overtime?
Whether you are required to work overtime depends on your employment contract (Arbeitsvertrag) or a collective agreement (Tarifvertrag). If there is a clause obliging you to work overtime, you are generally required to comply.
If there is no such clause, you may refuse to work overtime – except in special cases such as disasters or emergencies where additional work is necessary.
Compensation for overtime:
Overtime is usually compensated either by extra pay or time off in lieu. If your contract does not clearly regulate overtime compensation, you are normally entitled to additional pay.
Important notes
Documenting overtime:
You should always record your overtime and have it confirmed by your supervisor.
Employees with high salaries:
Employees who earn more than 6,500 euros per month (in western Germany) may not receive separate compensation for overtime.
Your duties at work: Do you have to do everything you are asked to do?
Tasks agreed in the contract:
Your duties must be in line with what is stated in your employment contract.
Lawful and safe:
Tasks must be lawful and must not expose you to unnecessary danger.
Relevant to your position:
The duties should be clearly related to your job role.
Appropriate to your qualifications:
You should not be permanently assigned tasks that are far above or below your level of qualification without prior agreement.
Your right to annual leave
How many days of leave are you entitled to?
Statutory minimum leave:
If you work 5 days a week, you are legally entitled to at least 20 days of paid annual leave.
Additional leave through contract or collective agreement:
Many employment or collective agreements grant more generous leave entitlements. Therefore, always check your contract for details.
Carrying over leave:
If you are unable to take all your leave in the current year, it can be carried over to the following year. As a rule, however, any remaining leave must be taken by 31 March of the following year.
Important notes
Persons with disabilities:
Employees with a recognised disability are entitled to 5 additional days of leave per year.
Requesting leave:
You must submit a leave request and obtain your employer’s approval.
Tips for safeguarding your rights
Read your employment contract carefully:
Make sure you understand all clauses and conditions before signing.
Join a trade union (Gewerkschaft):
A union can advise and represent you and help you to enforce your rights.
Keep records of your overtime:
Documenting your overtime helps to ensure correct payment or time off in lieu.
Maintain open communication with your employer:
Discuss working hours, holidays and your range of duties at an early stage.
Know your legal rights:
Seek advice from a specialist lawyer in employment law if necessary.
By understanding these basic rules, you can better protect your rights as an employee in Germany and achieve a healthier balance between your job and your personal life.
*The editorial team and authors of our website strive to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully verified. Therefore, the information contained in this article should be regarded as an initial point of reference. For binding and up-to-date information, always contact the competent authorities and professional services.
