88.5
89
84
Approaching Access to Decent Work
80
100
80
75
100
100
100
100
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §1(III), 22 & 24 of the Minimum Wage Law; §5 Collective Agreement Act; §15 of the Act on Minimum Working Conditions | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §612, 614 of German Civil Code; §2, 1, 6, 10 of Law (Nachweisgesetz) | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | Determined under the CBA. §3, 7(1), 9(1) & 14 of the Hours of Work Act; §612 of German Civil Code | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | Hours of Work Act, Public Holiday and Sick Pay Act; §2(I) Nr. 6 of Law o(Nachweisgesetz) | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §2(3), 6 & 7(1) of the Hours of Work Act | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §3, 7(1), 9(1) & 14 of the Hours of Work Act; §612 of German Civil Code | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | & 14 of the Hours of Work Act | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §1, 8 & 9 of Part-Time and Fixed-Term Work Act; §4, 7, 9(1-2), 10 & 11(1, 4) of the Hours of Work Act | No Change |
| Does the law require paid public holidays? | Yes | 1 | §2(1-3) Public Holiday and Sick Pay Act | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §3 & 11 of the Federal Holiday Act; §19 of the German Youth Employment Protection Act | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §2(I) of Law on notification of conditions governing an employment relationship (Nachweisgesetz) | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §14 & 16 Part-Time and Fixed-Term Employment Act; Temporary Employment Act | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §622 (3) of German Civil Code | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §622-623 of German Civil Code; §15 of Protection against Dismissal Act, §85 & 91 of the Social Code IX | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §1(a) of Protection against Dismissal Act (PADA) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §1, 2, 12(2), 15(1-4) & 16 of the Parental Allowance and Parental Leave Act | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §13 & 14 of Maternity Protection Act | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §45 & 47, Social Code V; §2, Act on Family Care Leave; Parental Allowance and Parental Leave Act | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §7(1-3) of the Maternity Protection Act | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §2 and 3 of the General Act on Equal Treatment of 14th August 2006 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §1, 3(1-2), 5(1-2) & 6(1-2) of the Maternity Protection Act | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §3(1), 5(2), 11(1), 13(1-2), 14(1) of the Maternity Protection Act | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §3(1), 5(2), 11(1), 13(1-2), 14(1) of the Maternity Protection Act | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §9(1-3) of the Maternity Protection Act; 18(1) of the Parental Allowance and Parental Leave Act | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §3(2-3), 5, 9 & 15(2) of Employee Protection at Work Act and Trade association(BGR) | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §9 & 12 of the Employee Protection at Work Act; §618 of the Civil Code | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §2(1-5), 4(1-5), 6(3), 8, 11(1) & 16 of the Maternity Protection Act; §618 of Civil Code | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Book VII and IX of the Social Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Book VI of the Social Security Code | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Book VI of the Social Security Code | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §Book II and III (136(ff)) of the Social Code | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §3-5 of the Public Holiday and Sick Pay Act; §84 of the Social Code IX; §44 of Social Code V | Score adjusted due to a minor revision in methodology |
| Does the law provide for invalidity benefits? | Yes | 1 | Book VI of the Social Security Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §1, 2(2) & 8(2) of the General Act on Equal Treatment; Pay Transparency Act of 30 June 2017 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §1, 3(4), 7 & 15 of the General Act on Equal Treatment | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §1, 2, 3, 7 & 15 of the General Act on Equal Treatment; §4, 5, & 11 of the Part-Time and Fixed-Term Work Act | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §3(2), 12 of the Basic Law for the Federal Republic of Germany; §1 & 7 of the General Act on Equal Treatment | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §7(1) of the Social Insurance Code; Book IV of Social Security Code IV | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §2, & 5(1-3) of the Young Individuals' Protection in Employment Act | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §35-41 of the NRW school law - SchulG, 2005 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §22, 23, 24 & 25 of the Young Individuals' Protection in Employment Act | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §12 of the Basic Law for the Federal Republic of Germany | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §9 of the Basic Law for the Federal Republic of Germany 1949; §1, 2, 7, & 80(ff) of the Works Constitution Act, 2001 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §2-3, Works Constitution Act, 2001; §9, 33(5) Basic Law for the Federal Republic of Germany 1949; §1-3 of the Collective Bargaining Act, 1969; CEACR, C98, Obs. 2021 | No Change |
| Does the law provide the right to strike? | No | 0 | §33(5) Basic Law for the Federal Republic of Germany 1949; CEACR, C87, Obs. 2021 | Score adjusted because of availability of a legal source |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §9 of the Basic Law for the Federal Republic of Germany 1949; §11(5) of the Manpower Provision Act 1995 (Could not locate this law hence unable to verify the reference ) | No Change |