In Germany, employment termination is governed by specific regulations that offer strong employee protections.

Lawful Grounds for Dismissal

Employers can terminate employment for the following legally recognized reasons:

• Person-related: Reasons rooted in the employee's individual conduct or ability, such as persistently poor performance, long-term illness affecting work ability, or criminal misconduct.
• Behavior-related: Reasons related to an employee's actions or breaches of contract, including violating workplace policies, insubordination, or failure to comply with warnings.
• Operational Reasons: Reasons connected to economic necessity or restructuring within the company, such as downsizing, relocation, or elimination of a job position.

It's important to note that Germany has the concept of "social justification" when terminating employment. Any dismissal must be deemed socially justified based on the specific circumstances.

Notice Requirements

Notice periods depend on the length of service. Generally, the longer the service, the longer the notice period.

• During Probation: The probationary period typically has a shorter notice period of two weeks.
• After Probation: Notice periods increase incrementally with longer service and can be up to seven months for employees with significant tenure.

Severance Pay

Germany does not have legally mandated severance pay. However, under these circumstances, employees might be entitled to severance:

• Collective Bargaining Agreement: Some industries and employers have severance packages outlined in collective agreements.
• Company Policy: Some individual companies offer severance as part of their outplacement program.
• Termination Settlement Agreement: In cases of potential legal disputes, employers often offer severance pay in exchange for the employee waiving their right to a legal challenge.

Special Protections

Some groups of employees enjoy additional protection against dismissal:

• Severely Disabled Persons
• Pregnant Employees & New Mothers
• Works Council Members

Terminating the employment of individuals in these groups requires approval from relevant authorities.

Germany's General Equal Treatment Act (AGG or Allgemeines Gleichbehandlungsgesetz) establishes a strong legal framework against discrimination. Understanding these laws is crucial for employers to maintain an inclusive and fair workplace.

Protected Characteristics

The AGG prohibits discrimination in employment based on the following protected characteristics:

• Race
• Ethnic Origin
• Gender
• Religion or belief
• Disability
• Age
• Sexual Orientation

These protections extend to all aspects of employment, including hiring, promotion, and compensation.

Redress Mechanisms

If an individual believes they are facing discrimination, they have recourse through these avenues:

• Internal Complaints: Companies ideally have procedures to address discrimination concerns. Employees are encouraged to utilize these mechanisms first, if applicable.
• Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes): This agency investigates discrimination complaints and offers counseling and mediation services.
• Labor Courts: Individuals can pursue legal action through Germany's labor court system if other measures fail to resolve their discrimination issue.

Employer Responsibilities

Employers play a significant role in preventing and addressing workplace discrimination in Germany. Their responsibilities include:

• Anti-Discrimination Policy: Develop and enforce a clear policy prohibiting discrimination and harassment. This policy should be communicated effectively to all employees.
• Training: Provide regular training to employees and managers on discrimination prevention, emphasizing the AGG and fostering sensitivity towards diversity.
• Complaint Handling Procedures: Establish fair and confidential procedures for employees to report and investigate discrimination complaints.
• Proactive Measures: Implement proactive diversity and inclusion initiatives, such as creating a culture of respect where everyone feels valued.

Germany is known for prioritizing worker well-being and offering clear regulations on working conditions. Here are some key aspects to consider:

Work Hours

In Germany, the statutory maximum working time is 8 hours per day and 48 hours per week. However, employers and employees can agree on a maximum of 10 hours per day, provided the average doesn't exceed 8 hours over a six-month period. Additionally, German law allows for flexible working time models within certain parameters. These models can benefit work-life balance and employee well-being.

Rest Periods

Employees in Germany are entitled to an uninterrupted rest period of at least 11 hours between workdays. While not mandated by law, short breaks during extended workdays are customary. The specific duration and frequency of breaks can be determined by collective bargaining agreements or company policy.

Ergonomic Requirements

Germany enforces strict ergonomic requirements to protect workers' health. The Workplace Ordinance outlines these specifications, which include:

• Workstation Design: Proper workstation design considering factors like adjustable furniture, lighting, and minimizing awkward postures.
• Work Equipment: Providing suitable equipment like ergonomic chairs and keyboards to promote proper posture and reduce strain.
• Training: Employers may be required to provide training on ergonomic principles and proper use of work equipment to encourage safe working practices.

It's important to note that employers and employees share responsibility for maintaining a safe and healthy work environment. Following ergonomic regulations and utilizing provided equipment are crucial for preventing work-related injuries.

Germany places a high priority on the well-being of workers, with a comprehensive health and safety framework in place. This framework includes obligations for employers, rights for employees, and enforcement agencies.

Employer Obligations

Under German law, employers are required to create a safe and healthy work environment. The Occupational Safety and Health Act (Sicherheit und Gesundheitsschutzgesetz - ArbSchG) is the foundation of this legislation. Key employer obligations outlined in the ArbSchG include:

• Risk Assessment: Employers are required to conduct risk assessments to identify potential hazards in the workplace and implement measures to mitigate them.
• Workplace Design: The Workplace Ordinance (Arbeitsstättenverordnung - ArbStättV) sets specific requirements for workplace design, including factors such as ventilation, lighting, and ergonomics.
• Hazardous Substances: The Hazardous Substances Ordinance (Gefahrstoffverordnung - GefStoffV) regulates the handling and storage of hazardous materials to ensure employee protection.
• Personal Protective Equipment: Employers must provide appropriate personal protective equipment (PPE) for employees exposed to specific hazards, as stipulated by the Personal Protective Equipment Ordinance (PSA-BV).
• Accident Prevention: Employers are responsible for implementing accident prevention measures and providing safety training to employees.
• Occupational Health Services: Under certain circumstances, businesses may require employees to undergo occupational health examinations, as outlined in the Ordinance on Occupational Healthcare (ArbMedVV).

Employee Rights

Employees in Germany have extensive health and safety rights, including:

• Safe Work Environment: Employees have the right to work in an environment that is safe and free from foreseeable risks to their health and well-being.
• Information and Training: Employees have the right to receive information and training on health and safety hazards in the workplace.
• Refusal of Unsafe Work: Employees can refuse to perform tasks that they believe pose a serious threat to their health and safety.
• Participation: Employees, through their representatives, have the right to participate in shaping workplace safety measures.

Enforcement Agencies

Health and safety regulations in Germany are enforced through a two-pronged system:

• State Authorities: Federal and state governments enact legislation and enforce regulations through labor offices and occupational safety and health authorities.
• Accident Insurance Institutions: Germany's statutory accident insurance institutions (Unfallversicherungsträger - UVTs) play a crucial role. They monitor workplaces, investigate accidents, and provide employers with guidance and support to ensure adherence to safety regulations.