Employment related matters with employees in Germany can be very tricky and might feel quite exotic for North American inhouse counsels. From drafting contracts, setting up proper on- and off-boarding procedures, implementing global policies to navigating through the specifics of German employment litigation, there are some fundamental topics with unique specifics which every inhouse counsel should be aware of when managing a workforce in Germany.
Always observe German employment and labor law compliance
German employment and labor laws are comprehensive and strictly enforced. The level of employee protection is significantly higher than in most other jurisdictions, including a broad range of statutory minimum rights such as statutory notice periods, minimum wage, vacation entitlements and continued remuneration in case of sickness. Inhouse counsels managing a workforce in Germany should therefore stay up to date, especially on laws and regulations related to hiring practices, employment contract drafting, working hours, vacation entitlements and termination procedures.
Don’t make mistakes when it comes to hiring and onboarding
Strict rules also apply to equal treatment and non-discrimination within the hiring process. HR professionals must always ensure fair and unbiased hiring procedures by complying with anti-discrimination laws and the like. The Federal Employment Court (Bundesarbeitsgericht – “BAG”) has always restricted the employer’s right to ask questions during...
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