There are a number of myths surrounding the everyday working life of many Germans. © Finn Winkler / dpa
German labour law is difficult for laypeople to understand. That is why many myths about applications, holidays and probationary periods persist. Here are the most popular misconceptions.
Munich – The world of work appears opaque due to laws as well as collective bargaining agreements and company agreements. Employers and employees often lack a clear view. The most common job misconceptions:
In the interview, the truth must be told.
No. This does not apply to inadmissible questions. Thus, the private and intimate sphere of potential employees is none of the employers' business. There is no need to answer the question about a partner, marriage plans, the desire to have children or pregnancy. The same applies to questions about denomination, party or trade union membership and the state of health.
An employment contract must always be concluded in writing.
No. An employment contract or changes to such a contract can also be concluded verbally, with a handshake or even tacitly by taking up the job.
During the probationary period, the contract can be terminated at any time and without notice.
No. Usually, the notice period during the probationary period is two weeks. However, the employer does not have to give a reason for the probationary period termination.
There is no vacation during the probationary period.
False. There is no holiday ban during the probationary period. With each month of employment, a holiday entitlement equal to one-twelfth of the annual leave is acquired.
An employment contract may be limited to a maximum of two years.
Not quite. Only fixed-term contracts without justification may not run for more than two years.
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Fancy a voyage of discovery?
My Area
The boss is allowed to forbid talking about the level of earnings.
No. It is allowed to talk about the salary. A contrary instruction from superiors is not permitted.
The boss is allowed to determine when to take leave.
False. He may only refuse leave if there are urgent operational requirements to the contrary. If several colleagues want to take vacation at the same time, bosses have to make social decisions. During school holidays, employees with schoolchildren usually have priority.
Those on sick leave are not allowed to leave the apartment or house.
No. If it is for healing, a walk is even desirable. In individual cases, it is even possible to go on holiday, for example to treat a respiratory disease at the seaside. Only what is detrimental to recovery is prohibited. That's why you should talk to your doctor in advance.
Remaining leave may be taken into the new year.
Yes and no. In principle, the Federal Leave Act only allows leave to be carried over to the next year if employees were unable to go on holiday for urgent operational or personal reasons.
Overtime is compensated at a flat rate with the salary.
False. Clauses in the employment contract, according to which overtime is generally not paid extra, are regularly invalid. The same applies to clauses such as "usual overtime", "overtime to a minor extent" or "within reasonable limits".
It is not allowed to surf the Internet privately at work.
Often this is not true. Many employers allow occasional private use of the Internet. But it should not be exaggerated.
Employees are allowed to do whatever they want in their office.
No. By virtue of the right of direction, employers determine working conditions. For customer-facing employees, dress codes are also allowed. However, the boss must exercise their right to issue instructions at their "reasonable discretion".
If the employer wants, he can send you to the home office.
No. Employees cannot be obliged to work from home. Exception: The employment contract stipulates the obligation to work from home. Conversely, employees have no right to work from home unless it has been agreed in individual cases or there is no corresponding company agreement or provision in the collective agreement.
Before a dismissal, there must be three warnings
No. If an employee behaves contrary to the contract, dismissal can be threatened "in the event of recurrence". If an employer wants to give an employee another chance, this can also happen several times. Some behavior can lead to dismissal even without a warning – for example, theft. And the value of the stolen item does not have to be particularly high.
Author: Maik Heitmann
