Germany

Back
Download Country Profile

2022 Score

89

Score Increase

2020 Score

84

Rating

Approaching
Decent Work

Fair
Wages

80

Decent
Working Hours

100

Employment
Security

80

Family
Responsibilities

75

Maternity
at Work

100

Safe
Work

100

Social
Security

80

Fair
Treatment

100

Child &
Forced Labour

100

Trade
Union

75

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?Yes1§1(III), 22 & 24 of the Minimum Wage Law; §5 Collective Agreement Act; §15 of the Act on Minimum Working Conditions
Does the law require regular payment of wages?Yes1§612, 614 of German Civil Code; §2, 1, 6, 10 of Law (Nachweisgesetz)
Does the law require overtime compensation be at least 125% of the regular hourly rate?No0Determined under the CBA. §3, 7(1), 9(1) & 14 of the Hours of Work Act; §612 of German Civil Code
Does the law require additional compensation for working on a weekly rest day?Yes1Hours of Work Act, Public Holiday and Sick Pay Act; §2(I) Nr. 6 of Law o(Nachweisgesetz)
Does the law require additional compensation for night work?Yes1§2(3), 6 & 7(1) of the Hours of Work Act

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§3, 7(1), 9(1) & 14 of the Hours of Work Act; §612 of German Civil Code
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1& 14 of the Hours of Work Act
Does the law require a weekly rest of at least 24 hours?Yes1§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
Does the law require paid public holidays?Yes1§2(1-3) Public Holiday and Sick Pay Act
Does the law require at least three working weeks of paid annual leave?Yes1§3 & 11 of the Federal Holiday Act; §19 of the German Youth Employment Protection Act

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§2(I) of Law on notification of conditions governing an employment relationship (Nachweisgesetz)
Does the law restrict the hiring of fixed-term contract workers?Yes1§14 & 16 Part-Time and Fixed-Term Employment Act; Temporary Employment Act
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§622 (3) of German Civil Code
Does the law require a 30-day notice before contract termination?Yes1§622-623 of German Civil Code; §15 of Protection against Dismissal Act, §85 & 91 of the Social Code IX
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?Yes1§1(a) of Protection against Dismissal Act (PADA)

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?Yes1§1, 2, 12(2), 15(1-4) & 16 of the Parental Allowance and Parental Leave Act
Does the law require at least one week of paid paternity leave for fathers?No0§13 & 14 of Maternity Protection Act
Does the law require flexible work arrangements for workers with family responsibilities?Yes1§45 & 47, Social Code V; §2, Act on Family Care Leave; Parental Allowance and Parental Leave Act
Does the law require paid nursing breaks?Yes1§7(1-3) of the Maternity Protection Act

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§2 and 3 of the General Act on Equal Treatment of 14th August 2006
Does the law require paid maternity leave of at least 14 weeks?Yes1§1, 3(1-2), 5(1-2) & 6(1-2) of the Maternity Protection Act
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§3(1), 5(2), 11(1), 13(1-2), 14(1) of the Maternity Protection Act
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§3(1), 5(2), 11(1), 13(1-2), 14(1) of the Maternity Protection Act
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§9(1-3) of the Maternity Protection Act; 18(1) of the Parental Allowance and Parental Leave Act

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§3(2-3), 5, 9 & 15(2) of Employee Protection at Work Act and Trade association(BGR)
Does the law require the employer to train workers on health and safety issues?Yes1§9 & 12 of the Employee Protection at Work Act; §618 of the Civil Code
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§2(1-5), 4(1-5), 6(3), 8, 11(1) & 16 of the Maternity Protection Act; §618 of Civil Code
Does the law provide for employment injury benefit?Yes1Book VII and IX of the Social Code

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1Book VI of the Social Security Code
Does the law provide for a dependants'/survivors' pension?Yes1Book VI of the Social Security Code
Does the law provide for unemployment benefit?Yes1§Book II and III (136(ff)) of the Social Code
Does the law require paid sick leave for the first 6 months of sickness?No0§3-5 of the Public Holiday and Sick Pay Act; §84 of the Social Code IX; §44 of Social Code V
Does the law provide for invalidity benefit?Yes1Book VI of the Social Security Code

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§1, 2(2) & 8(2) of the General Act on Equal Treatment; Pay Transparency Act of 30 June 2017
Does the law prohibit sexual harassment in employment?Yes1§1, 3(4), 7 & 15 of the General Act on Equal Treatment
Does the law prohibit discrimination in employment matters?Yes1§1, 2, 3, 7 & 15 of the General Act on Equal Treatment; §4, 5, & 11 of the Part-Time and Fixed-Term Work Act
Does the law allow women to do the same jobs as men?Yes1§3(2), 12 of the Basic Law for the Federal Republic of Germany; §1 & 7 of the General Act on Equal Treatment
Does the law guarantee basic labour protections for gig economy workers?Yes1§7(1) of the Social Insurance Code; Book IV of Social Security Code IV

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§2, & 5(1-3) of the Young Individuals' Protection in Employment Act
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§35-41 of the NRW school law - SchulG, 2005
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§22, 23, 24 & 25 of the Young Individuals' Protection in Employment Act
Does the law prohibit forced labour?Yes1§12 of the Basic Law for the Federal Republic of Germany

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§9 of the Basic Law for the Federal Republic of Germany 1949; §1, 2, 7, & 80(ff) of the Works Constitution Act
Does the law allow workers to bargain collectively with employers through their representative unions?No0§2-3, Works Constitution Act; §9, Basic Law for the Federal Republic of Germany 1949; CEACR, C98, Obs. 2021
Does the law provide for the right to strike?Yes1§9(3) of the Basic Law for the Federal Republic of Germany 1949; §74 of the Works Constitution Act
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§9 of the Basic Law for the Federal Republic of Germany 1949; §11(5) of the Manpower Provision Act 1995