Temporary Employment Contract Germany


With a 5-day week, you are legally entitled to at least 20 days of paid leave per year. However, many employers also grant more vacation days. Your salary will continue to be paid in your free time. If your employment contract started later in the year, you can charge one twelfth of your annual leave for each month of employment. Fixed-term employment contracts are valid for a certain period. They may be extended after this period, but the employer is not obliged to do so. A fixed-term employment contract may be renewed a maximum of three times, provided that the total duration of employment does not exceed two years. Do you have problems with certain aspects of the German employment contract? Don`t hesitate to check with your new employer if necessary – or ask a lawyer. In many cases, part-time work is not possible because the employer does not want it, because he believes that you will often be absent because your children are sick or other reasons related to the child for incapacity for work. The employee may also be offered a contract with “unfriendly” conditions. Unfortunately, you may also hear the argument, “Leadership positions need employees who can work day and night.” It is not easy to have children and make a career in Germany! A fixed-term employment contract contains a specific end date and usually ends automatically. This means that neither you nor the employer will have to terminate it to terminate the contract.

Of course, the continuation of the employment relationship with a follow-up contract is always possible. Your start date and the end date of your employment contract (in the case of temporary work) The Temporary Agency Work Act (AÜG) regulates the placement of temporary agency workers insofar as it takes place in the context of an economic activity. From 1 April 2017, the law provides for a maximum temporary working time of 18 months. At the end of this period, temporary agency workers must be permanently employed or replaced by another employee. For the time being, this maximum duration of the period has no influence on existing missions. These are not taken into account when calculating the maximum execution time. After nine months, temporary workers are entitled to the same salary as the remaining permanent workforce if they work for the same borrowing company. Employers and employees can agree on a probationary period, which is limited by law to a maximum period of six months. The notice period during the trial period is two weeks, unless otherwise agreed. The Protection against Dismissal Act does not apply during the first six months of employment, whether or not the parties have agreed on a probationary period. Many temporary workers are also employed permanently during or after their employment. This is also called the “adhesive effect”.

Orizon`s 2015 Labor Market Survey found that this was the case for about 34 percent of employees surveyed with experience in temporary work. In addition, 36% found permanent employment with another employer immediately after their fixed-term employment relationship. Mini-jobs are a form of marginal employment in Germany. A mini-job describes an employment contract in which the employee does not earn more than 450 euros per month (mini-jobs of 450 euros) or works less than three months or 70 days a year (short-term mini-jobs). Mini-jobs can be accepted alongside your main job in addition to your salary or as your main form of income. Is your German employment contract waiting for you in your e-mail inbox? Yay, then all you have to do is sign it and you are ready for your career in Germany! The usual weekly working time in a full-time position is a 5-day week with 40 hours, sometimes even less. A maximum of 8 hours of work per day is permitted by law in Germany. Of course, these deadlines are not always respected and special regulations apply to certain professional groups (e.B. doctors, executives). Many employment contracts in Germany contain a general clause stating that overtime and overtime are fully paid with the salary, although this is not legally valid.

In practice, actual compliance with these regulations and actual working hours vary considerably depending on the working environment and the size of the company. The duration of use can vary considerably depending on the case. This means that some tasks may only last a few days, others several months. The new Temporary Employment Act (AÜG) stipulates that the maximum duration of a mission in the same borrowing company is 18 months. At the end of this period, the temporary worker must leave the client company or occupy a permanent position. However, on the basis of mutual agreements, trade unions and employers may make exceptions. For the time being, this maximum duration of the period has no influence on existing missions. Unless otherwise stated in your employment contract, you can usually end your employment relationship after the end of the trial period with only four weeks` notice until the fifteenth or end of the month – regardless of the length of your employment. Many employment contracts also provide for longer notice periods, .

B three months. This is also permitted by law. But be careful: during the probationary period, different notice periods apply. In both cases, you must inform us in writing. Notice period for employers If you refuse a permanent position: no problem. Then we will see if we can find another order for you. Foreigners in Germany – whether business owners or potential employees – should probably seek advice from experts when considering working with a TWA. A hiring company must familiarize itself with the laws and contractual requirements surrounding the hiring of temporary agency workers. A potential employee should be aware of TWA`s responsibilities and know how they will carry them out. During parental leave, you have a “sleep contract”. This means that your contract still exists, but you don`t have to work and your employer doesn`t have to pay.

In other words, the two main tasks – working and paying – “sleep” so you don`t get money from your employer. However, both parties must respect the rights and obligations of the other party. This means that both must be loyal to each other – for example, the employee cannot work for other employers or as a freelancer without asking the employer; Otherwise, your employer has the right to fire you. It is legally possible to work part-time during parental leave. Good to know: Although employers don`t have to write a written contract for a permanent contract, it`s rather unusual not to have one. Do not hesitate to insist on obtaining a contract in writing. Have you renegotiated your salary or are other changes pending, such as .B a promotion, a change in work schedule, or a change in your workplace? Don`t worry, if both the employee and the employer agree to the changes, the employment contract can be changed at any time. It is preferable to record these changes in writing by referring to the current employment contract. At Orizon, the contractually agreed trial period is six months. Are you ready to go through your employment contract? These are the elements that any employment contract in Germany should contain: In Germany, there are many different forms of employment contracts: from fixed-term contracts to mini-employment contracts to a contract for freelancers or interns.

Maybe your employer is proposing a termination or termination agreement. If this is the case, they have a simple reason: they should leave without “fuss” (work process). In Germany, there is a very strong labour law that protects employees. Caution should be exercised if your employer offers a termination contract. First of all, don`t sign anything! If you have a mini-job, you are not subject to income tax or social security contributions, but you do have the same rights as permanent employees, such as sick pay and vacation pay. Your employment contract will describe in detail various aspects of your employment. Check it carefully to make sure there are no surprises. The most common elements are: The salary in an employment contract is usually given as gross salary.

This means that the employee`s share of income tax and social security contributions is automatically deducted from this amount before payment. Salaries are usually paid monthly in the middle or end of the month. Once you have accepted your new job, your employer will present you with an employment contract that covers all the details of your employment contract. You don`t have to sign this right away. They are usually able to remove it and check it to make sure you understand all the elements and are satisfied with them. As Europe`s largest economy, Germany offers a range of job opportunities for expats of all qualifications. However, if you live and work in the countryside, it is important that you are familiar with local labour law and how employment contracts work. To help you, this expert guide takes a closer look at these technical aspects, including dismissal, parental leave, etc. It can get complicated.

A temporary worker is generally considered a TWA employee, not the hiring company. As a rule, a contract is concluded between the employee and the TWA. A separate contract may be entered into between the “hiring” company and the TWA to provide a certain number of staff for a certain period of time. The TWA is responsible for compliance with the requirements of labour law and must cover the necessary deductions for social benefits (pension, unemployment, health insurance, etc.) and the corresponding German wage or income taxes. Deductions for health insurance may depend on the person and insurance company in question and whether or not the person is insured by the private sector or by one of the many national health insurance companies. Payments of wages and salaries are made by the TWA – not by the “hiring” company. The hiring company is responsible for providing a safe workplace, as well as protecting the workplace granted to its regular employees. .