ENGLISH

German Employment Law: 618 Questions Frequently Asked by Foreigners

By Nicole Elert; Christopher T. Brooks

Book information

Publisher
de Gruyter
Year
2013
ISBN
9783110302769, 9783110302820
Language
english
Format
PDF
Filesize
939 kB (961995 bytes)
Pages
242\242
Time added
2023-04-03 05:39:25

Description

In modern employment practice, the question of who falls under the jurisdiction of German labor law (employees, freelancers, employers, works councils, labor unions, representatives for the disabled, employer’s associations, etc.) is an increasingly salient issue faced by foreign firms and firm owners, human resource, tax, and legal departments, as well as investors and foreign employees. Specifically, many firms have questions concerning the application of German law for establishing, managing, and terminating employment contracts with foreign or German workers within Germany. In this connection, issues frequently arise concerning foreign assignment, residency, and visa law, and an extremely wide range of legal provisions must be taken into account, including the AGG (General Non-Discrimination Act), BetrVG (German Employees Representation Act), Tarifrecht (Collective Bargaining Law), BUrlG (German Federal Leave Act), TzBfG (Part-Time Work and Fixed-Term Employment Act), AÜG (Employee Transfer Act), BDSG (German Federal Data Protection Act), KSchG (German Protection Against Dismissal Act), EntgeltfortzahlungsG (Continued Remuneration Act), GewO (German Industrial Code), and MutterschutzG (Maternity Protection Act). Beyond this, secondary questions related to income tax law, international taxation, and social security law may arise. Against this complex backdrop, the present work intends to answer questions most frequently asked by foreigners when dealing with German employment law. Written for an international readership An English-language reference work A first stop for questions, organized in a Q&A format Offers working aids and highlights information resources List of Abbreviations Glossary Part 1. Introduction to German Employment Law I. German Employment Market – Stats and Facts 1. German Employment by the Numbers 2. Flexible Types of Employment a) On-demand Work b) Employee Leasing (“Arbeitnehmerüberlassung”) c) Fixed-term Employment d) “One-Euro” Workers e) Minijob workers 3. Social Security System and the 50/50 Split 4. Annual paid leave II. Specifics of German Employment Law 1. Understanding the Basic Principles 2. Individual Employment Agreements and Collective Bargaining Agreements III. Applying Foreign Law in the Light of German Constitutional Rights and Employment Law IV. Relationships and Roles in German Employment Law 1. Employees 2. Works Councils 3. Unions 4. Employers’ Associations 5. Supervisory board Part 2. 618 Frequently Asked Questions Chapter 1 Age | Alter Chapter 2 Anti-Competition Clause | Wettbewerbsverbot Chapter 3 Application for Employment | Bewerbung Chapter 4 Collective Bargaining Agreement | Tarifvertrag Chapter 5 Conclusion of an Employment Contract | Vertragsabschluss Chapter 6 Disciplinary Warning | Abmahnung Chapter 7 Dismissal | Arbeitgeberkündigung I. General Aspects II. Extraordinary and Ordinary Dismissal III. Protection against Dismissal IV. Obligations of the Employer in case of Dismissal V. Involvement of the Works Council and the Boards of Directors VI. En Masse Layoffs VII. Legal Action against Dismissal Chapter 8 Employee Liability | Arbeitnehmerhaftung Chapter 9 Fixed-term | Befristung Chapter 10 Freelancer | Freie Mitarbeiter Chapter 11 Home-Office | Heimarbeit Chapter 12 Illness | Krankheit Chapter 13 Job interview | Bewerbungsgespräch Chapter 14 Labor Unions | Gewerkschaften Chapter 15 M&A Transfer of Business | M&A Betriebsübergang Chapter 16 Minijob | Geringfügige Beschäftigung Chapter 17 Miscellaneous | Sonstiges Chapter 18 Part Time | Teilzeit Chapter 19 Permanent Establishment | Betriebsstätte Chapter 20 Posting of Employees/Business Trips | Entsendungen/Dienstreisen Chapter 21 Pregnancy/Parental Leave | Schwangerschaft/Elternzeit I. General Aspects II. Pregnancy III. Motherhood Allowance IV. Parental Leave V. Parental-leave Allowance VI. Part-time Work during Parental Leave Chapter 22 Probationary Work | Probezeit Chapter 23 Professional Schooling | Training/Ausbildung Chapter 24 Protective Rights | Schutzrechte Chapter 25 Reduced Working Hours (Short-time) | Kurzarbeit Chapter 26 Reference (from Employers) | Zeugnis Chapter 27 Restructuring – Dismissal due to operational reasons | betriebsbedingte Kündigung Chapter 28 Retirement Plan | Altersversorgung Chapter 29 Right of Residency/Residency Permit Allowing for Employment/Visa | Aufenthaltsrecht/Arbeitsgenehmigung/Visa I. General Aspects II. Visa III. Entrance to the German Labor Market IV. Residency Permit/Residency Permit with a Right to Work V. Work Permit Chapter 30 Severance Agreement | Aufhebungsvertrag Chapter 31 Severance Pay | Abfindung Chapter 32 Strike | Streik Chapter 33 Traineeship | Praktikum Chapter 34 Typical Employment Contract Content | Typische Arbeitsvertragsinhalte Chapter 35 Vacation | Urlaub Chapter 36 Wages | Gehalt Chapter 37 Working Hours | Arbeitszeit Chapter 38 Works Agreement | Betriebsvereinbarung Chapter 39 Works Council | Betriebsrat I. General Aspects II. Election of the Works Council Members III. Rights and Responsibilities of the Works Council IV. Works Meetings

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