The biggest advantage of a PEO is its experience and knowledge of Germany’s extensive labor laws. German labor law includes many acts, such as:
- The Civil Code (Bürgerliches Gesetzbuch – BGB)
- The Act on Protection Against Unfair Dismissal (Kündigungsschutzgesetz – KSchG)
- The Working Time Act (Arbeitszeitgesetz)
- The Federal Paid Leave Act
All of these laws are very employee-friendly and place stringent obligations on employers.
1. Employment Contracts
In Germany, the employment contract may be concluded verbally; however, the employer must provide the employee with the content of the contract in text form, that is, evidence that it was offered in writing, or by electronic means (such as an email or PDF).
However, if it is a fixed-term contract, as of 1 January 2025, a change in the law requires that fixed-term employment contracts be signed in a physical form rather than via a digital signature.
The contract must be written in German or a language the employee can read and understand. It must contain the names and addresses of the parties, the date of commencement, the place of work, a description of the nature of the work to be done (the type of work and special features), and the composition and level of remuneration.
2. Working Hours and Overtime
Working hours are strictly regulated by the Working Time Act (Arbeitszeitgesetz). The usual working day is eight hours. It may be extended to a maximum of ten hours if the six-month average does not exceed eight hours per day. A normal work week of 48 hours is standard.
Overtime is not generally subject to a statutory premium. Overtime payments are the subject of the employment contract, a collective bargaining agreement, or a works council agreement. Overtime is usually paid with equivalent time off instead of money.
3. Minimum Wage
Germany has a national statutory minimum wage (Mindestlohn). It is €12.82 gross per hour effective as of 1 January 2025. It will be raised once more on 1 January 2026.
The earnings threshold for “mini-jobs” (marginal employment subject to reduced tax) is €556 gross per month in 2025.
4. Employee Benefits
Employees in Germany are provided with a broad range of required benefits. This includes at least 20 days of paid vacation (based on a 5-day work week) per year, with 25-30 days being the usual standard across most industries.
Employees who are ill receive six weeks of 100% paid sick leave, paid by the employer. After six weeks, the employee’s public health insurer will make the payments.
5. Payroll Tax or Social Contributions
Germany has a large social security system, to which all employees are required to pay, up to a certain income limit. Contributions are divided between the employer and employee. The employer’s share is around 20-22% of the employee’s gross salary in 2025.
The employer’s contributions include:
- Pension Insurance – 9.3%
- Health Insurance – 7.3% (plus a share of the insurer’s supplemental premium)
- Unemployment Insurance – 1.3%
- Long-Term Care Insurance – 1.7% (employers in most states pay this share)
- Accident Insurance – Varies by industry, paid 100% by the employer.
6. Termination and Severance Pay
Terminations are strictly regulated. The Act on Protection Against Unfair Dismissal (KSchG) applies to all companies that permanently have more than ten employees. After the six-month probation period, an employee may only be dismissed for a reason (personal, behavioral, or operational) that is legally valid.
The statutory notice period is based on the employee’s length of service:
- During probation (up to 6 months) – 2 weeks
- 7 months to 2 years – 1 month (effective on 15th or last day of the month)
- 2 to 5 years – 1 month
- 5 to 8 years – 2 months
- 8 to 10 years – 3 months
- 10 to 12 years – 4 months
- 12 to 15 years – 5 months
- 15 to 20 years – 6 months
- 20+ years – 7 months
In general, there is no statutory right to severance pay in Germany. This is only common practice in cases of operational redundancy (Betriebsbedingte Kündigung), where the standard offer is 0.5 months’ salary per year of service.
7. Foreign Workers
Germany has specific requirements for foreign nationals to work in the country based on their nationality and job classification. Citizens of the European Union, the European Economic Area, and Switzerland have the right to work in Germany without a work permit; they only need to register their address with local officials.
Citizens from non-EU countries will require the appropriate visa and work permit. The type of visa a person will be eligible for will be based on the individual’s qualifications, the job offer, and the length of their stay in Germany.
The different visa options include EU Blue Card for highly skilled workers, skilled worker visas for people with qualified skills and certifications, and ICT (Intra-Corporate Transfer) visas for employees of a company who are being relocated to a German office.
German PEOs or EORs help companies to simplify the hiring process. They assist with the visa and work permit application process and ensure compliance with German labor laws and regulations.
Germany also has some special programs, such as the AÜG license. This license is required for companies that provide services such as temporary staffing or employee leasing. The AÜG license ensures compliance with labor laws and regulations and fair treatment of employees.