Core content of labor law
[Labor contract] Once the employer and the employee reach an agreement, they can generally sign a written labor contract. A verbal agreement is acceptable in principle, but difficult to prove in the event of a dispute. There is no fixed form of labor contract in principle, but there are several points that must be included:
(1) Specific description of work scope and task;
(2) the effective date of the contract;
(3) Daily or weekly working hours;
(4) Probation period, if it is a time-limited contract, the contract period must be marked;
(5) Salary;
(6) Holidays;
(7) Provisions on the time limit for rescinding the contract;
(8) Termination of confidentiality obligations;
(9) Non-competition in certain circumstances, that is, an employee may not work for a competitor of the company for two years after resignation or dismissal;
(10) Additional work permitted.
The Labor Code has only a few minimum wage rules that must be followed, such as minimum wage rules for roofers and electricians in construction companies. In several other trades, that is, those in which the income of employees is relatively low, there are so-called broadly binding Labour agreements. The agreed wages in the collective bargaining agreement provide a floor for the wages of the companies engaged in the industry. A list of broadly binding wage contracts can be found on the website of the Federal Ministry of Labour and Social Security.
In industries where there is no minimum wage, employee pay is freely negotiated with the employer. In international terms, gross wages in Germany are fairly stable and unit wage costs are falling. In general,
Industry and regional wage differentials still exist, and the Hans-Pokeler Foundation's home page lists in German the common pay benchmarks for the public in different industries and regions.
【 Working hours 】 Employees generally work no more than 8 hours per day, and if the time reaches 10 hours, they must be compensated for the corresponding rest time. If the working hours are between 6 and 9 hours, the employee may request a 30-minute break. In principle, Sundays and holidays are not worked, but exceptions are allowed in the catering industry. The statutory minimum annual leave is 24 working days, and if an employee is ill, he or she can request six weeks of paid sick leave from the employer upon production of a medical certificate.
【 Dismissal 】 Economic or personal reasons can lead to the termination of the employment relationship between the employer and the employee, as long as the provisions related to dismissal are complied with, every enterprise can dismiss an employee.
If it is a fixed-term contract, the termination of the employment relationship can be carried out in accordance with the contract. For indefinite employment contracts, the termination period increases with the employee's years of service, or 4 weeks if the employee is newly hired; If the employee has worked for the company for 20 years, it takes seven months. During the probation period, which is usually six months, the employment relationship can be ended within two weeks.
The termination of the employment relationship must be in writing and must indicate the reason for dismissal. Electronic forms do not apply.
According to the provisions of the German enterprise Organization Law, in a company with five employees, workers can establish a business committee to protect the interests of all employees. The number of corporate committees increases with the number of employees. The committee is not allowed to interfere in the management of the enterprise, but has the right to inform and consult, and to make decisions on personnel and social issues on behalf of all employees. In principle, the enterprise committee must be consulted before each employee is dismissed, otherwise the dismissal is invalid. More information on co-decision rights can be found on the website of the German Employers' Association.
German social insurance is mainly divided into medical insurance, nursing insurance (jointly borne by employers and employees), retirement insurance, unemployment insurance and accident insurance, the first four types of insurance are shared equally by employees and employers, and accident insurance is fully borne by employers.
German trade unions and strikes
Germany is one of the countries with strong trade unions, and trade unions have a long history of 140 years in Germany. The Confederation of German Trade Unions (DGB) is the top organization of trade unions in Germany, affiliated with eight trade unions, including IG Metall, Services Union (di), Mining, Chemical and Energy Industry Union (IGBCE), Agriculture and Environmental Industry Union (IG BAU), Food Industry Union (NGG), Rail Industry Union (Transnet), Education and Science Industry Union (GEW) and Police Union (GdP)
In the tripartite Xt of social and economic affairs composed of the government, employers and workers, the German Trade Union Federation represents the various industries of labor, safeguard and fight for rights and interests, and its power is very strong, with relevant institutions in major cities, and trade union activities have an important impact on the political, economic and social operation of the country. At the end of 2013, the German Trade Union Confederation had a total membership of about 6.14 million people and is headquartered in Berlin.
Other major ngos in Germany include the following four types:
(1) Lobbying ngos, such as the Association for the Rescue of Threatened Groups, etc.
(2) ngos concerned with environmental protection and green development, such as Greenpeace (Germany).
(3) ngos concerned with third world and developing countries, such as the German Development Assistance Working Committee, Doctors Concerned for the Third World, etc.
(4) Various foundations closely related to political parties.
In addition, cross-border non-governmental organizations such as the World Bank, the International Monetary Fund, and the International Labor Organization also have branches in Germany.
Today, with the acceleration of globalization, ngos are playing an important role in Germany's politics, economy and diplomacy. On the one hand, ngos rely on their own advantages to safeguard the rights and interests of citizens and become an important link between the government and the people. On the other hand, ngos also play a "lubricant" effect in German political life, and they play a significant role in regulating political party relations and improving public participation in politics.
From 2002 to 2011, strikes stopped work for an average of 4.4 days per 1,000 workers per year. In April 2013, due to labor disputes, the German service industry union planned a warning strike on the 22nd. Lufthansa announced the cancellation of almost all of its flights for the day, with only about 20 of the more than 1,650 short-haul flights planned for the 22nd flying as usual, with most long-haul flights cancelled. Amazon's German workers have gone on strike several times since the summer of 2013 in a bid to raise wages and improve working conditions. On 25 November 2013, about 1,000 Amazon employees in Germany participated in the strike.
In March 2014, after failing to reach an agreement with employers in the federal and municipal public services over pay increases and paid holidays, the German service workers' Union began calling for a general warning strike across the country. The strike reached its climax on the 25th, and more than 53,000 people participated in the strike in five states in central and western Germany. The strike hit a wide range of public services, including nurseries, hospitals, municipal waste disposal and job search centres. 260, the strike extended to public transport systems in several German states. On the 27th, several airports in Germany, including Frankfurt and Munich airports, were affected by strikes, involving airport ground staff, baggage handlers and aircraft maintenance and maintenance staff. The Lufthansa pilots' union went on strike from April 2 to 4, cancelling about 3,800 flights and affecting 425,000 passengers.