Welcome to Germany!

A fixed-term contract is possible if justified on objective grounds such as a temporary increase in work volume or substitution of an employee during parental leave. Without an objective ground, the fixed-term contract is limited to a maximum of two years. If work continues beyond the end of the fixed-term, the contract will be deemed indefinite.

Probationary periods are permitted in Germany for up to six months. During the probationary period, the employment contract can be terminated by either party with two weeks' notice.

In Germany, Workers recognize 9-13 public holidays, based on the state in Germany where they are performing work. 2024:New Years Day - January 1Good Friday - March 29Easter Monday - April 1Labour Day - May 1 Ascension Day - May 9 Whit Monday - May 20Day of German Unity - October 3 Christmas Day - December 252nd Day of Christmas - December 26 If holiday falls on a Sunday, a day in lieu must be given within 8 weeks that is a weekday. 

Most Workers on a five-day working week are entitled to at least 20 days of paid vacation per year. Workers on a six-day working week are entitled to 24 days. Generally, and absent an unusual circumstance, vacations must be taken during the calendar year or it is forfeited.

After four weeks of service, Workers are entitled to six weeks of statutory sick pay.

Workers must not work more than 8 hours per day (based on six working days per week) or 48 hours per week. The daily maximum may be extended to 10 hours per day as long as the average over six months does not exceed 8 hours per day. Work on Sundays is generally prohibited. Sunday work, holiday work, or overtime is generally compensated by a corresponding amount of time off in the following two weeks. In addition, Workers are entitled to a minimum of 11 uninterrupted hours of rest between working periods.

OT is governed by the contractual agreement in Germany.

Except in cases of serious or gross misconduct, Workers must be given advanced written notice prior to termination. The amount of notice varies based on years of service ranging from two weeks to seven months. Payment in lieu of notice is not permitted. Client agrees to provide Contractor with the information and time necessary to abide by local law in terminating Workers.

18 Month Rule: The maximum period an employee can be deployed to the same client.Options: We terminate the employment through a mutual termination agreement which the employee would need to sign, and which should include a severance payment of half a month’s salary. The likelihood of the employee receiving unemployment is very high if we (1) pay out the standard severance payment and (2) adhere to the notice period. After a break of 3 months + 1 day we can deploy the employee to the client again. This would involve a whole new engagement – Employment contract, Deployment agreement and Letter of Assignment. • After the 18 months, we deploy the employee to another entity of the client for another 18 months. Please note, that the entity needs to be completely independent than the entity the employee was already deployed to. We would also need to modify the employee’s job title and job description. The fee for changing the client is EUR 250,- • We put the employee on the “bench”: he will keep being paid by us but will not be allowed to perform any work-related activities for the client (this solution is usually not preferred). • The client moves the employee to the client’s own ‘non-resident’ payroll in Germany

Unemployment Insurance - After working 12 months in Germany, employee is entitled to receive unemployment benefits in the amount of 60-70% of the previous average income from the Federal Employment Agency for 6 months. Accident Insurance - covers all costs for medical treatment for accidents on the way from and to work and while at work.