Effortless Hiring in Germany

Employment Laws

• Germany's labor laws are designed to protect employees and ensure fair working conditions. Key legislation includes:
• Working Hours Act (Arbeitszeitgesetz): Regulates working hours.
• Protection Against Dismissal Act (Kündigungsschutzgesetz): Provides guidelines for termination.
• Minimum Wage Act (Mindestlohngesetz): Sets the statutory minimum wage.

Onboarding Process

Employers are required to provide a written employment contract outlining essential terms such as:

• Job description.
• Remuneration.
• Working hours.
• Notice periods.

While oral agreements are legally binding, written contracts are strongly recommended to prevent disputes.

Types of Employment Contracts

• Permanent Contracts: Indefinite duration with full benefits.
• Fixed-Term Contracts: Employment for a specified period or project.
• Part-Time Contracts: Reduced working hours compared to full-time positions.
• Temporary Contracts: Short-term assignments, often through agencies.

Citations: [1] https://www.usemultiplier.com/germany/employment-laws [2] https://remote.com/blog/employment-laws-germany-compliance [3] https://www.recruiterslineup.com/guide-to-hiring-employees-in-germany/ [4] https://www.usemultiplier.com/germany/how-to-hire [5] https://parakar.eu/knowledge/de/hiring-regulations-germany

Payroll Frequency

• Employees are typically paid monthly, with payments usually made at the end of each month.

Minimum Wage

• As of October 1, 2022, the statutory minimum wage in Germany is €12 per hour.

Payroll Deductions

• Income Tax: Progressive tax rates ranging from 0% to 45%, depending on income levels.
• Solidarity Surcharge (Solidaritätszuschlag): An additional 5.5% on income tax, with exemptions for lower-income earners.
• Social Security Contributions: Both employers and employees contribute to health insurance, pension insurance, unemployment insurance, and long-term care insurance.

Employee Income Tax

Germany employs a progressive income tax system with rates ranging from 0% to 45%, based on income brackets.

Employer Contributions

1. Health Insurance: Employers contribute approximately 7.3% of the employee's gross salary, plus an average supplementary contribution of about 0.85%.
2. Pension Insurance: Employers contribute approximately 9.3% of the employee's gross salary.
3. Unemployment Insurance: Employers contribute about 1.3% of the employee's gross salary.
4. Long-Term Care Insurance: Employers contribute approximately 1.7% of the employee's gross salary.

Types of Leave in Germany

1. Annual Leave Employees are entitled to a minimum of 24 working days of paid annual leave based on a six-day working week (equivalent to 20 days for a five-day week).

2. Parental Leave

• Maternity Leave: Female employees are entitled to six weeks of leave before the expected delivery date and eight weeks after childbirth, during which they receive maternity pay.
• Parental Leave: Both parents can take up to three years of unpaid leave per child until the child reaches the age of eight.

3. Sick Leave Employees are entitled to up to six weeks of continued remuneration from the employer in case of illness. Beyond this period, statutory health insurance provides sickness benefits.

4. Public Holidays Germany observes several public holidays that vary by federal state. Common holidays include New Year's Day, Good Friday, and Christmas Day.

Mandatory Benefits

1. Health Insurance: Coverage for medical expenses funded through employer and employee contributions.
2. Pension Insurance: Provides retirement benefits with contributions from both employer and employee.
3. Unemployment Insurance: Offers financial support during periods of unemployment.
4. Long-Term Care Insurance: Covers long-term care needs funded by employer and employee contributions.

Supplemental Benefits

Employers may offer additional benefits such as company pensions, travel allowances, and meal subsidies to attract and retain talent.

Process

Termination must adhere to the Protection Against Dismissal Act, requiring valid reasons for dismissal such as personal reasons, conduct issues, or urgent operational requirements. Employers must follow fair procedures that include prior consultation with the works council if applicable.

Notice Period

• During Probationary Period: Two weeks' notice.
• After Probationary Period: Notice periods range from four weeks to seven months depending on the employee's length of service.

Severance Pay

While not mandated by law, severance pay is common in cases of redundancy or mutually agreed terminations. The typical calculation is half a month's salary for each year of service.