German labour law

German labour law refers to the regulation of employment relationships and industrial partnerships in Germany.

History

Courts and constitution
  • Grundgesetz (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal."
  • Arbeitsgerichtsgesetz

Individual labour law

Contract of employment
  • Bürgerliches Gesetzbuch (Civil Code) §§ 611–630
  • Teilzeit- und Befristungsgesetz (Part-time and Fixed-term Work Act), §14(2) two-year fixed term limit
  • Arbeitnehmerüberlassungsgesetz (Employee Leasing Act)
  • Urlaubsgesetz (Holidays Act)
  • Mutterschutzgesetz (Act on Maternity Protection)

Dismissal
  • Kundigungsschutzgesetz (Dismissal Protection Act)

Collective labour law

Codetermination
Main article: Codetermination in Germany

Trade unions
See also: Trade unions in Germany

Collective bargaining
  • Tarifvertragsgesetz (Collective Agreement Act)

Minimum wage law

In July 2014 the country began [1] legislating to introduce a federally mandated minimum wage law, the Gesetz zur Regelung eines allgemeinen Mindestlohns (Mindestlohngesetz - MiLoG) (unofficial translation: "Act Regulating a General Minimum Wage (Minimum Wage Act)"),[2] which came into effect on 1 January 2015.[3] The minimum wage was initially set at €8.50 per hour, which has been increased to €8.85 in 2017.[4]

The European Commission introduced an infringement procedure against Germany on 19 May 2015, arguing that the application of this law in the transport sector had a disproportionately restrictive impact on the freedom to provide services and the free movement of goods, two of the principal freedoms on which the European Union is based.[5] The Commission issued a supplementary letter on this subject to the German authorities on 16 June 2016, initiating two months' notice of potential legal action.[6]

See also

Notes
  1. "Minimum Wage Act in Germany with effect from 01-01-2015". Dr. Mayer & Kügler Rechtsanwälte PartG mbB - Arbeitsrecht. Lawyer Michael Kügler. Retrieved 31 January 2016.
  2. Provided by Ute Reusch, juris GmbH Saarbrücken
  3. "Germany may become 22nd EU state with federal minimum wage". Germany News.Net. Archived from the original on 14 July 2014. Retrieved 7 July 2014.
  4. "Verordnung zur Anpassung der Höhe des Mindestlohns". Regulation No. BGBl. I S. 2530 of Error: the date or year parameters are either empty or in an invalid format, please use a valid year for year, and use DMY, MDY, MY, or Y date formats for date (in German). Retrieved 2017-04-19.
  5. European Commission, Transport: Commission launches infringement case on the application of the German Minimum Wage law to the transport sector, published 19 May 2015, accessed 11 February 2016
  6. European Commission, Press Release: Transport: Commission takes legal action against the systematic application of the French and German minimum wage legislation to the transport sector, accessed 6 August 2016

References
Articles
  • A Freckmann, ‘Temporary Employment Business in Germany’ (2004) 15(1) International Company and Commercial Law Review 7
  • A Freckmann, ‘Termination of Employment Relationships in Germany – Still a Problem’ (2005) 16(1) International Company and Commercial Law Review 38
  • B Keller, ‘The Hartz Commission Recommendations and Beyond: An Intermediate Assessment’ (2003) 19(3) International Journal of Comparative Labour Law and Industrial Relations 363
  • O Kahn-Freund, ‘The Social Ideal of the Reich Labour Court - A Critical Examination of the Practice of the Reich Labour Court’ (1931)
  • S Konnert, ‘Unfair Dismissal by Reason of Redundancy in Germany’ (2005) 16(11) International Company and Commercial Law Review 431
  • E McGaughey, 'The Codetermination Bargains: The History of German Corporate and Labour Law' (2016) 23(1) Columbia Journal of European Law 135
  • B Waas, ‘Temporary Agency Work in Germany: Reflections on Recent Developments’ (2003) 19(3) International Journal of Comparative Labour Law and Industrial Relations 387
Books
  • M Weiss and M Schmidt, Labour Law and Industrial Relations in Germany (4th edn Kluwer 2008)
  • A Junker, Grundkurs Arbeitsrecht (3rd edn 2004)
  • O Kahn-Freund, R Lewis and J Clark (ed) Labour Law and Politics in the Weimar Republic (Social Science Research Council 1981) ch 3, 108-161
  • F Ebke and MW Finkin, Introduction to German Law (1996) ch 11, 305
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