German employment law
German employment law is divided into two areas: individual employment law and collective employment law. Individual employment law concerns relations between the individual employee and the employer, while collective employment law regulates the collective representation and organisation of employees as well as the rights and obligations of employees’ representatives.
German employment law is not consolidated into a single labour code: the main sources are Federal legislation, case law, collective bargaining agreements, works council agreements and individual employment contracts.
Key Points
- Employees who are not from the EU/EEA require a residence title for the purpose of taking up employment.
- A statutory minimum wage of 12.00 EUR (since 1 October 2022) currently applies to all employees in all sectors of business. The amount of the minimum wage is reviewed every two years (the next review will take place until 30 June 2023, with a potential increase of the minimum wage having effect as of 1 January 2024). Aside from the statutory minimum wage, there are special regulations and collective bargaining agreements within certain sectors.
- Overtime pay is not expressly regulated by law, but is subject to the employment agreement, collective bargaining agreements and works council agreements.
- Trade union representatives support employees and works councils, but do not have participation rights within a company.
- Due to the high level of protection against dismissal, it is reasonably common for employment to be terminated by a separation agreement.
- Severance payments are paid if a number of conditions are fulfilled.
Our member firm
Pusch Wahlig Workplace Law
Berliner Freiheit 2
10785 Berlin
Google maps
Also offices in Düsseldorf, Frankfurt am Main, Munich, Hamburg and Cologne.
+49 302 062 9530
https://pwwl.de/
Find out how other countries' Employment Laws compare to those of Germany
People of Pusch Wahlig Workplace Law, Germany
Memberships
- Admitted to the German Bar Association
- Certified labour and employment law specialist (2010)
- Member of the labour law working group in the German Lawyer Association, the European Employment Lawyers Association and the German Labour Court Association
Awards
- Listed by Best Lawyers since 2015
- Listed by The Legal 500 since 2018
- Listed by Chambers since 2013
Verena Braeckeler-Kogel
- Phone
- +49 221 476 7100
- braeckeler@pwwl.de
- Address
-
Im Mediapark 8
KölnTurm
50670
Cologne
Germany
+49 221 476 7100
https://pwwl.de/
- Languages
- German, English
Verena Braeckeler-Kogel is a partner at Pusch Wahlig Workplace Law based in Cologne, Germany.
Verena’s legal practice encompasses all matters of individual and collective labour law. She has particular experience in advising national and international clients in the fields of M&A transactions, restructuring including collective redundancies, plant closures and relocations as well as transfer of undertakings. Another focus of her work is the advice on day-to-day labour law matters. She has particular expertise in the bank and financial service sector, where she also has experience in drafting and implementing remuneration strategies and plans, against the background of regulatory requirements.
Verena joined Pusch Wahlig Workplace Law as a partner in 2018. Before joining the firm, she was the head of the German employment law practice of Simmons & Simmons LLP. Verena gained inhouse experience through a six-month secondment as legal counsel of a US insurer where she built up the German legal department.
Publications by Verena Braeckeler-Kogel
Memberships
Admission to the German Bar, 2008
Education
- 2004: PhD thesis supervised by Prof. Dr. Dauner-Lieb, University of Cologne on: „The system of employee participation directives – base for a European works constitution?“
- 1998-2004: Study of Law at the Justus-Liebig-Universiy Gießen, the Heinrich Heine University Düsseldorf and the University of Cologne
Dr. Tobias Brors, LL.M.
- brors@pwwl.de
- Address
-
Königsallee 6-8
40212
Düsseldorf
Germany
+49 211 528 7450
https://pwwl.de/
- Languages
- German, English
Dr. Tobias Brors advises national and international corporations and groups of companies on all matters of individual and collective labor law and on data protection law. He has particular experience with restructurings and digitisation projects. Another focus of his work is dealing with works councils, litigation and representation in conciliation committee proceedings.
Dr. Tobias Brors is a frequent speaker on labor law issues, he gives for instance lectures for the Management Circle. He also regularly publishes articles relating to his field of expertise. Furthermore, he is a member of the European Employment Lawyers Association (EELA) as well as the International Bar Association (IBA).
Publications from Germany
Memberships
- Admitted to the German Bar Association
- Certified labour and employment law specialist (2013)
Awards
- Listed by The Legal 500 since 2016
- Listed by JUVE since 2014
Dr. Falko Daub
- Phone
- +49 302 062 9530
- daub@pwwl.de
- Address
-
Berliner Freiheit 2
Beisheim Center
10785
Berlin
Germany
+49 302 062 9530
https://pwwl.de/
- Languages
- German, English
Dr. Falko Daub is a partner at Pusch Wahlig Workplace Law based in Berlin, Germany.
He advises national and international corporations on all matters of individual and collective labour law as well as on day-to-day human resources management. His areas of expertise are focused on assisting with complex transactions and restructurings, giving advice on the intersection of bankruptcy and labour law as well as on matters of board-liability. Moreover, Dr. Falko Daub regularly advises clients on negotiations with works councils. In addition to his advisory practice, he represents clients before civil and labour courts throughout Germany.
Publications from Germany
Memberships
- Admitted to the German Bar Association (2016)
Education
- Study of Law at Julius-Maximilians University of Würzburg (2006-2012)
- Student assistant and research assistant at the chair for public law, German and European Environmental Law and Comparative Law at Julius-Maximilians University of Würzburg (2010-2014)
- Research assistant, Employment Law Practice Group, Hogan Lovells LLP, Frankfurt am Main (2014-2015)
- Legal training at Noerr LLP, Frankfurt am Main and Legal training at Buse Heberer Fromm, Sydney, Australia (2015-2016)
- Research assistant, Employment Law Practice Group at Allen&Overy LLP, Frankfurt am Main (2016)
Dr. Anna Franziska Hauer
- Phone
- +49 693 487 6390
- hauer@pwwl.de
- Address
-
Bockenheimer Landstraße 51-53
Rhein-Main-Center
60325
Frankfurt am Main
Germany
+49 892 153 928 10
https://pwwl.de/
- Languages
- German, English
Dr. Anna Franziska Hauer´s legal practice encompasses all issues related to individual and collective labor law. She advises companies on matters of supply of temporary workers and international posting of workers. In addition she has valuable experience in immigration law especially relating to access to the labor market for foreign employees and managers.
Publications from Germany
Memberships
2012
Admission to the German Bar
Education
2002-2007
Study of Law at Justus-Liebig-University Giessen
2008-2011
PhD thesis at Justus Liebig University Giessen on the employment law position of compliance officers, supervised by Prof. Dr. Wolf-Dietrich Walker
2023
Certified labor and employment law specialist
Awards
- Listed by WirtschaftsWoche in a Labor Law specialists ranking in 2021
- Recognized by Legal 500 as one of the recommended employment lawyers in 2021
- Listed by WirtschaftsWoche in a Labor Law specialists ranking in 2022
- Listed by Best Lawyers as one of the recommended employment law specialists in Germany since 2023
Dr. Thorben Klopp
- Phone
- +49 40 30 06 87 2-0
- klopp@pwwl.de
- Address
-
Hohe Bleichen 10
Beisheim Center
20354
Hamburg
Germany
+49 40 3006872-11
https://pwwl.de/
- Languages
- German, English
Dr. Thorben Klopp´s legal practice encompasses all matters of individual employment law and collective employment law.
He offers his clients, many of whom are active in the pharmaceutical and medical technology industries, comprehensive advice on employment law in and out of court, with a particular focus on restructurings and issues relating to works constitution law.
Publications from Germany
Memberships
Admission to the German bar since 2005
Education
- 2000-2003: PhD thesis on remuneration claims in accordance with § 1155 ABGB in labor disputes, Leopold-Franzens-Universität Innsbruck
- 2003-2005: Legal training at the District Court Wiesbaden
Dr. Alexander Lorenz
- Phone
- +49 693487 6390
- lorenz@pwwl.de
- Address
-
Bockenheimer Landstraße 51-53
Beisheim Center
60325
Frankfurt am Main
Germany
+49 693487 6390
https://pwwl.de/
- Languages
- German, English
Dr. Alexander Lorenz’ legal practice encompasses all matters of individual employment law and collective employment law. His areas of expertise are focused on restructurings and the reorganisation of companies including insolvency labor law as well as the development of modern employment and remuneration systems.
Furthermore, another focus of his work are works constitution law, the European Works Council and drafting and negotiating collective bargaining agreements.
He is a frequent speaker at HR conferences.
Publications from Germany
Memberships
- Admitted to the German Bar Association (1998)
- Certified labour and employment law specialist (2004)
- Member of the Harvard Law School Association Council (Boston)
- President of Harvard Alumni Club of Berlin e.V.
- President of Harvard Scholarship Foundation Germany e.V.
Education
- MSc (London Business School, 2014)
- MBA (TU München, 2012)
- Harvard Law School (LL.M., 2002)
- Free University of Berlin (First Legal State Exam, 1995; PhD, 2001)
- Higher Regional Court of Berlin (Second State Exam, 1998)
Awards
Mr. Pusch has been recommended as one of Germany’s leading labor law specialists by JUVE, Chambers Europe, Who’s Who Legal, Best Lawyers and the Handelsblatt. He was also ranked by JUVE from 2008 to 2010 as one of the top employment lawyers in Germany under the age of forty.
Publications
Mr. Pusch regularly publishes on a variety of national and international work law topics, such as:
- Annotation of the rules in the German Stock Companies Act (Aktiengesetz) governing the relationship between board members and the company and the Reports on Labour and Employment Law in France, Great Britain, the Netherlands, Poland, Spain, the Czech Republic and Hungary, in: Lawyer Annotation Labour and Employment Law, in: Anwaltkommentar Arbeitsrecht, Deutscher Anwaltverlag, 2nd edition, Bonn 2010
- Crisis Situation During the Employment Relationship – Service Leaflet of the Federal Association of German Press Officers, 2007
- Collective Labour and Employment Law – Case by Case, co-author, Recht und Wirtschaft, Frankfurt am Main 2006 | Available at amazon.de (German)
- ADR in Interest Disputes in Public Sector Labour Law in the USA and Germany, doctorate thesis, Duncker & Humblot, Berlin 2002 | Available at amazon.de (German)
- Labour and Employment Law in the USA, co-author, Jehle-Rehm, Munich 1998 | Available at amazon.de (German)
Dr. Tobias Pusch
- Phone
- +49 302 062 9530
- pusch@pwwl.de
- Address
-
Berliner Freiheit 2
Beisheim Center
10785
Berlin
Germany
+49 302 062 9530
https://pwwl.de/
- Languages
- German, English, Russian
Dr. Tobias Pusch, LL.M. (Harvard) focuses on the representation of national and international companies and company groups as well as executives on all matters arising from individual and collective labour and employment law.
Mr. Pusch possesses particular expertise in company acquisitions and restructurings, in drafting and negotiating collective bargaining agreements, works council agreements (on group or company level) as well as reconciliation of interest agreements and social plans. He also advises clients in complex lawsuits and in the introduction of policies, such as anticorruption systems, data protection, antidiscrimination guidelines, and codes of conduct. In addition, he advises and supports executives in transformation phases.
Publications from Germany
Memberships
- Admitted to the German Bar Association (2014)
Education
- International Baccalaureate Diploma (IB) (2007)
- Study of Law at Ludwig-Maximilians University, Munich (2007-2012)
- Research assistant at Pusch Wahlig Workplace Law (2011-2014)
- Compulsory legal training at the District Court in Leipzig (2012-2014)
- Legal training at Pusch Wahlig Workplace Law (2013-2014)
Awards
- Listed by The Legal 500 since 2016
- Listed by Handelsblatt since 2016
Meike Christine Rehner
- Phone
- +49 892 153 9280
- rehner@pwwl.de
- Address
-
Barer Straße 7
80333
Munich
Germany
+49 892 153 928 10
https://pwwl.de/
- Languages
- German, English
Meike Christine Rehner’s legal practice encompasses all matters of individual and collective labor law. She has particular experience in international and European employment law as well as legal disputes relating to termination of employment. Furthermore, she has particular expertise in work safety law.
Publications by Meike Christine Rehner
Memberships
Admission to the German bar since 2001
Education
- 2005: Certified labor law specialist
- 1992-1998: Study of Law at the Universities of Osnabrück, Calgary (Canada) and the Eberhard-Karls-University Tübingen
Jan Rudolph
- Phone
- +49 892153 9280
- rudolph@pwwl.de
- Address
-
Barer Straße 7
80333
Munich
Germany
+49 892 153 9280
https://pwwl.de/
- Languages
- German, English
Jan Rudolph’s legal practice encompasses all matters of individual and collective labor law. In particular, he focuses on representing companies in management matters, advising on matters of works constitution law, restructurings, compliance and issues of German and employee participation on European level. In addition, he is experienced in advising on employment matters, including occupational pension schemes, in connection with corporate restructuring, share purchases and joint venture projects.
Publications from Germany
Memberships
- Admitted to the German Bar Association
- Certified labour and employment law specialist (2002)
Education
- University of Manitoba (Canada) (B.A., 1990)
- Free University of Berlin (First Legal State Exam, 1995)
- Higher Regional Court of Berlin (Second State Exam, 1998)
Awards
Mr. Wahlig was listed by “Best Lawyers“ in 2009 and 2010 as one of the recommended employment law specialists in Germany.
Publications
Mr. Wahlig regularly publishes on a variety of employment and work law topics; such as:
- Operational dismissal vs. short-time work, co-author, NZA – Neue Zeitschrift für Arbeitsrecht, June 2010
- A Matter of Proportionality: Dismissals for operational reasons only after short-time work?, co-author, Arbeit und Arbeitsrecht – Die Zeitschrift für das Personal-Management, January 2010
- Prioritising Part-time Employees, Financial Times Deutschland, 20th March 2007
- The End of Commuting, Financial Times Deutschland, 13th February 2007
- Working Time Credit During Insolvency, DZWiR 09/2000
Thomas Wahlig
- Phone
- +49 302 062 9530
- wahlig@pwwl.de
- Address
-
Berliner Freiheit 2
Beisheim Center
10785
Berlin
Germany
+49 302 062 9530
https://pwwl.de/
- Languages
- German, English, Spanish
Thomas Wahlig focuses on the representation of national and international companies on all work law related matters including restructurings, acquisitions and the transfer of undertaking.
Mr. Wahlig has particular experience in collective labour law issues especially with negotiations for reconciliation of interest and social plans. He also has broad expertise regarding pension law related matters and in the design and verification of employment contracts and restrictive covenant clauses. In addition, he represents employers as well as executives in complex arbitration and litigation procedures.
Furthermore, Mr. Wahlig regularly advises on numerous collective bargaining issues.
He is also specialized in anti-discrimination law and compliance issues.
Publications from Germany
Memberships
- Admitted to the German Bar Association (1998)
Education
- PhD thesis supervised by Prof. Dr. Birk at the Institute for Fiscal Law, Westphalian Wilhelms-University of Münster (1999)
Dr. Michael Witteler
- Phone
- +49 302 062 9530
- witteler@pwwl.de
- Address
-
Berliner Freiheit 2
Beisheim Center
10785
Berlin
Germany
+49 302 062 9530
https://pwwl.de/
- Languages
- German, English
Dr. Michael Witteler has many years of experience in all areas of employment law. As Head of PWWL’s Data & Privacy Practice Group, his particular focus is on data protection law in connection with employment law.
He advises employers on the wide range of issues relating to the handling of personal employee data, e.g., the permissibility of processing employee data in compliance investigations, the generation of information (Art. 13 / 14 GDPR), the handling of requests for information (Art. 15 GDPR), the generation of deletion concepts (Art. 17 GDPR), data protection impact assessments (Art. 35 GDPR), the handling of data breaches, or the permissibility of transferring data to other group companies, including outside the EU. This also includes drafting agreements with processors or in the context of joint responsibility.
Another focus of his work is the drafting and negotiation of works agreements in connection with the introduction of hardware and software or the use of artificial intelligence (AI). In this context, he represents employers both in negotiations with works councils and in conciliation bodies.
Dr. Michael Witteler regularly lectures and publishes on data protection law topics. Since May 2013, he has been an honorary judge at the Berlin Labor Court.