Expat Law Germany
Here you will find all relevant information on employment law for foreigners/Expat Law
Here you learn ...
what salary you need as an expat in Germany
what working conditions apply to expats in Germany
how your employment contract as an expat must be structured
what you have to do as an expat if your employment contract is terminated
Author
lawyer
Reading Time
12 minutes
Release Date
September 13, 2024
Table of Content
1. Salary for expats
2. Working hours and holidays for foreign workers
2.1 Working hours in Germany
2.2 Holidays for employees in Germany
3. Employment contracts and employment contract law for expats
4. Prohibition of discrimination against foreigners
5. Protection against dismissal for foreigners
6. Change of employer and unemployment benefit
7. FAQ (Expat Law Germany)
Expat Law (short for Expatriate Law) refers to legal regulations and issues that are of particular importance to expatriates (expats for short). Expats are people who live and work temporarily or permanently in a country other than their country of origin.
Expat law covers a wide range of legal areas and topics that deal with the special requirements and challenges of expats. These include, for example , employment and residence law, (social) insurance law, tax law and family law. In practice, the most relevant areas for expats are usually employment law and immigration law. This article deals with employment law for expats with regard to the working conditions permitted for expats and covers the following expat legal areas:
salary of foreigners
working hours and vacation
Employment Contracts and Employment Contract Law for Expats
protection against dismissal for expats
prohibition of discrimination
Changing employers and unemployment benefits for expats
1. Salary for expats
Many foreigners ask themselves what salary they must earn in order to be able to work in Germany. The Residence Act stipulates that foreign workers may not be employed under less favourable working conditions than comparable German workers ( Section 39, Paragraph 2, Sentence 1, No. 1 of the Residence Act ). This requirement serves to protect against wage dumping and ensures that foreign skilled workers are paid fairly. At the same time, the regulation protects the German labour market from unfair competition and strengthens equal treatment for all employees.
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A certain salary level is therefore crucial in order to be allowed to work in Germany. How high the respective salary must be is determined by the so-called wage atlas . The wage atlas is a database of the wages of foreigners. In this database, your wage must at least correspond to the average of other employees in Germany. The wage atlas can be found here .
2. Working hours and holidays for foreign workers
2.1 Working hours in Germany
The Working Hours Act ( ArbZG ) serves to protect the health of employees and regulates the permissible working hours in Germany. The daily working hours may generally not exceed 8 hours, but can be extended to up to 10 hours if the average working hours do not exceed 8 hours within a compensation period of 6 months or 24 weeks. This also applies to foreign employees and expats.
The Working Hours Act also stipulates a minimum rest period of 11 hours between two work shifts. Night work and work on Sundays and public holidays is only permitted in exceptional cases. The law ensures a balance between workload and recovery phases and also protects employees from overwork by making certain rest breaks mandatory. Violations of the Working Hours Act by the employer can be punished with high fines (see §§ 22, 23 ArbZG ).
2.2 Holidays for employees in Germany
The Federal Vacation Act ( BUrlG ) sets the statutory minimum vacation in Germany. Employees are entitled to at least 24 working days of vacation per year for a 6-day week, which corresponds to 4 weeks of rest. For a 5-day week, the minimum entitlement is reduced to 20 working days .
Vacation is for relaxation and should therefore generally be taken in the current calendar year . Carrying over to the following year is only permitted in exceptional cases and must often be used by March 31 at the latest. The law also protects vacation entitlement in the event of illness and ensures that employees can maintain their health and productivity. After termination, vacation can be paid out as salary ( Section 7 Paragraph 4 BUrlG ).
3. Employment contracts and employment contract law for expats
The drafting of employment contracts for expats requires particular care, as the legality of the employment contract can and will be checked by immigration authorities and the Federal Employment Agency. The contract should therefore contain clear provisions on remuneration, working hours, vacation and other employment conditions. The Evidence Act ( NachwG ) obliges employers to record the essential working conditions in writing and to hand them over to the employee in paper form on the first day of work at the latest.
According to the Evidence Act ( Section 2 Paragraph 1 NachwG ), employment contracts must contain at least the following information :
the name and address of the contracting parties
time of the beginning and end of the employment relationship
place of work
brief description of the work to be performed by the employee
duration of the probationary period
the amount of remuneration, including overtime pay, and the due date and method of payment
the agreed working hours and rest breaks
Possibility of ordering overtime and its conditions,
duration of the annual vacation
Written form requirement for terminations and the deadlines for termination of the employment relationship
deadline for filing a wrongful termination suit
if applicable, reference to collective agreements and works agreements
4. Prohibition of discrimination against foreigners
The General Equal Treatment Act ( AGG ) and the Wage Transparency Act ( EntgTranspG ) protect foreign employees and expats from discrimination in working life . The laws prohibit discrimination based on origin, skin colour, language or religion in all phases of the employment relationship - from application to termination ( Section 7 AGG ). The aim of the AGG is to promote equal opportunities and create a discrimination-free working environment. Employers are obliged to prevent violations and to take action in the event of violations. If employers violate the AGG, expats are entitled to compensation . If you notice discrimination at your employer or have experienced such discrimination, you can contact the Federal Anti-Discrimination Agency .
5. Protection against dismissal for foreigners
The Dismissal Protection Act ( KSchG ) regulates the protection of employees against unjustified dismissals. It applies to companies with more than 10 employees and to employees who have been employed for more than six months. A dismissal is only effective if it is socially justified - e.g. for operational, personal or behavioral reasons. The KSchG protects against arbitrary dismissals and gives employees the opportunity to take action against them in the labor court. The law thus ensures job security and fair conditions on the labor market.
If you meet the following requirements, you can make use of the Dismissal Protection Act and take action against your (often unlawful) dismissal:
You received the notice of termination less than 3 weeks ago (§ 4 KSchG),
more than 10 employees work in your company (§ 23 KSchG),
You have worked in your company for more than 6 months (Section 1 KSchG).
If you meet these criteria as an expat, you should contact a lawyer specializing in labor law. Lawyers will not only help you in labor court, but can also resolve social security and residency issues that result from dismissal.
6. Change of employer and unemployment benefit
Expats must inform the relevant immigration authorities immediately after being dismissed, as this can affect their residence permit ( Section 82, Paragraph 6 of the Residence Act ). You should also apply for an Opportunity Card or a job-seeker visa, as the immigration authorities can revoke your Blue Card if you don’t have a job. The Opportunity Card therefore offers a way to extend your stay in order to look for work after being dismissed. It allows you to stay in Germany for up to a year to find a new job. These regulations promote security and prospects for skilled foreign workers. After the immigration authorities have been informed or a new residence permit has been applied for, you as an expat can receive unemployment benefit if you have been employed in Germany for more than 12 months ( SGB II ).
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7. FAQ
What salary is required for expats in Germany?
According to Section 39 Paragraph 2 Clause 1 No. 1 of the Residence Act, foreign workers may not be employed under less favorable conditions than comparable German workers. The salary must at least correspond to the average wage determined in the Federal Employment Agency's wage atlas. This protects against wage dumping and promotes equal treatment.
How much vacation are expats entitled to in Germany?
According to the Federal Vacation Act (BUrlG), expats are entitled to at least 24 working days of vacation per year for a 6-day week (20 days for a 5-day week). Vacation should be taken for relaxation in the current calendar year.
What are the requirements for expatriate employment contracts?
According to the Evidence Act (Section 2 NachwG), employment contracts must contain essential information, such as the start and end of the employment relationship, place of work, job description, remuneration and notice periods. The contract should be drafted with particular care, as authorities such as the Federal Employment Agency can check its legality.
What protects expats from discrimination in the workplace?
The General Equal Treatment Act (AGG) protects expats from discrimination based on origin, language, skin color or religion. Employers are obliged to create a discrimination-free working environment. In the event of violations, affected expats can demand compensation or contact the Federal Anti-Discrimination Agency.
What happens to an expat's residence permit if they are terminated?
After termination, expats must inform the immigration authorities (Section 82, Paragraph 6 of the Residence Act). Without a new job, the Blue Card can be withdrawn. However, expats can apply for an Opportunity Card or a Job Seeker Visa to stay in Germany for up to a year to look for work. They are entitled to unemployment benefit if they have been employed for at least 12 months.
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Further Information
Literature: ErfK/Oetker, 24th edition 2024, KschG § 1
Literature: BeckOK ArbR/Rolfs, 73. Ed. 1.9.2024, KSchG, § 1 Rn. 1 - 524
