German employment law is complex and requires companies to comply precisely with numerous legal regulations. From hiring new employees and documenting daily working hours to complying with notice periods - every step must be legally compliant. Violations of employment law regulations can lead to high fines, legal disputes and reputational damage. It is therefore essential for companies to familiarize themselves with the most important obligations and regulations.
1. employment contracts and documentation requirements
- Employment contracts must be recorded in writing (§ 2 NachwG).
- Important contract contents: Remuneration, working hours, vacation entitlement, notice periods.
- Obligation to document working hours for mini-jobs and sectors with minimum wage (§ 17 MiLoG).
2. reporting and social security obligations
- Registration with the health insurance fund for compulsory social insurance.
- Electronic reporting to the social insurance institutions.
- Obligation to pay wage tax and social security contributions.
3. occupational health and safety and working time regulations
- Compliance with the Working Hours Act (ArbZG): max. 48 hours per week, rest periods of 11 hours.
- Regulations on maternity protection and occupational health and safety measures for employees at risk.
- Obligation to carry out risk assessments (§ 5 ArbSchG).
4. termination and warning procedures
- Protection against dismissal in accordance with the Dismissal Protection Act (KSchG) for companies with more than 10 employees.
- Obligation to comply with statutory notice periods (§ 622 BGB).
- Documentation and justification of warnings to avoid legal conflicts.
5 Data protection and employee data
- Compliance with the GDPR and the Federal Data Protection Act (BDSG).
- Data protection-compliant storage and processing of employee data.
- Company agreements on the use of IT systems and monitoring.
6 Collective agreements and works council participation
- Check whether a collective agreement applies and what rights arise from it.
- Works council must be involved in certain cases (§ 87 BetrVG).
- Obligation to inform and consult the works council on certain personnel measures.
