German labour law

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German labour law refers to the regulation of employment relationships and industrial partnerships in Germany.


Courts and constitution[edit]

  • Grundgesetz (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal."
  • Arbeitsgerichtsgesetz

Individual labour law[edit]

Contract of employment[edit]


Collective labour law[edit]


Trade unions[edit]

Collective bargaining[edit]

Minimum wage law[edit]

In July 2014 the country began [1] legislating to introduce a federally mandated minimum wage law, the Gesetz zur Regelung eines allgemeinen Mindestlohns (Mindestlohngesetz - MiLoG) (unofficial translation: "Act Regulating a General Minimum Wage (Minimum Wage Act)"),[2] which came into effect on 1 January 2015.[3] The minimum wage is set at €8.50 per hour.

The European Commission introduced an infringement procedure against Germany on 19 May 2015, arguing that the application of this law in the transport sector had a disproportionately restrictive impact on the freedom to provide services and the free movement of goods, two of the principal freedoms on which the European Union is based.[4] The Commission issued a supplementary letter on this subject to the German authorities on 16 June 2016, initiating two months' notice of potential legal action.[5]

See also[edit]


  1. ^ "Minimum Wage Act in Germany with effect from 01-01-2015". Dr. Mayer & Kügler Rechtsanwälte PartG mbB - Arbeitsrecht. Lawyer Michael Kügler. Retrieved 31 January 2016. 
  2. ^ Provided by Ute Reusch, juris GmbH Saarbrücken
  3. ^ "Germany may become 22nd EU state with federal minimum wage". Germany News.Net. Retrieved 7 July 2014. 
  4. ^ European Commission, Transport: Commission launches infringement case on the application of the German Minimum Wage law to the transport sector, published 19 May 2015, accessed 11 February 2016
  5. ^ European Commission, Press Release: Transport: Commission takes legal action against the systematic application of the French and German minimum wage legislation to the transport sector, accessed 6 August 2016


  • M Weiss and M Schmidt, Labour Law and Industrial Relations in Germany (4th edn Kluwer 2008)
  • A Junker, Grundkurs Arbeitsrecht (3rd edn 2004)
  • O Kahn-Freund, R Lewis and J Clark (ed) Labour Law and Politics in the Weimar Republic (Social Science Research Council 1981) ch 3, 108-161
  • F Ebke and MW Finkin, Introduction to German Law (1996) ch 11, 305

External links[edit]