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About Wage & Hour Law in Aurich, Germany

Wage and hour issues in Aurich are governed by German federal employment and social law, supplemented by regional practice and by collective agreements that apply in Lower Saxony and the Ostfriesland area. Key rules cover minimum wage, working hours, overtime, wage payments and payslips, holiday pay, sick-pay and protection against unlawful deductions. Enforcement and dispute resolution normally go through labour courts - Arbeitsgerichte - and specialised inspectors and authorities handle statutory enforcement for matters such as minimum wage compliance and social-security contributions.

Why You May Need a Lawyer

Employment-law disputes can involve complex statutory provisions, collective-agreement terms and procedural requirements. You may need a lawyer if you face any of the following common situations:

- Unpaid wages or unpaid overtime where your employer refuses to pay and informal requests have failed.

- Illegal wage deductions or incorrect payroll calculations, including incorrect tax or social-security contributions being taken from your salary.

- Disputes about holiday pay, unpaid public-holiday compensation, or refusal to pay accrued vacation pay at termination.

- Disagreements about working hours, shift schedules, lack of rest periods or violations of the Working Time Act - Arbeitszeitgesetz.

- Problems related to mini-jobs or marginal employment and entitlement to minimum wage or social-security treatment.

- Claims arising from temporary agency work, collective agreements or sector-specific pay rules where entitlement depends on tariff rules.

- Wrongful termination that affects pay entitlements, notice-pay questions or claims for severance where wage calculations are in dispute.

- Enforcement of a judgment or settlement when an employer still does not pay after a court order.

A lawyer experienced in Arbeitsrecht can assess your claim, gather evidence, file a timely case with the local labour court and represent you in hearings. They can also advise on alternatives such as negotiation, mediation or involvement of a works council or union.

Local Laws Overview

The following legal areas and rules are especially relevant for wage-and-hour matters in Aurich.

- Minimum Wage - Mindestlohngesetz: Germany has a statutory minimum hourly wage for most employees. As of January 2024 the statutory minimum wage is 12.41 EUR per hour. This applies to regular employment and most part-time positions. Special rules apply for mini-jobs and certain traineeships.

- Working Time Act - Arbeitszeitgesetz: This law regulates maximum daily working time, rest periods and night work rules. Typical limits include an 8-hour working day that can be extended to 10 hours if averaged to 8 hours over six months or a comparable reference period. The law also provides rules on rest breaks and minimum daily rest.

- Holiday Pay - Bundesurlaubsgesetz: Employees have statutory minimum holiday entitlement and the right to paid leave. Holiday pay on termination and carryover rules are also regulated.

- Continued Payment on Sickness - Entgeltfortzahlungsgesetz: Employees who are unable to work due to illness are generally entitled to continued remuneration for up to six weeks in many cases.

- Written Information Duties - Nachweisgesetz: Employers must provide employees with essential terms of employment in writing and keep records of certain employment conditions. Payroll statements should set out gross pay, deductions and net pay.

- Collective Agreements - Tarifverträge: Many industries in Lower Saxony are covered by collective bargaining agreements that set wage levels, supplements and overtime rules. Where a collective agreement applies it can alter or expand statutory entitlements.

- Enforcement - Labour Courts and Authorities: Wage claims and disputes are decided by the labour courts - Arbeitsgerichte. Minimum wage enforcement, especially for cross-border or posted-worker cases, is handled by the customs authority - Hauptzollamt. Social-security authorities and tax authorities handle contribution and withholding disputes.

- Limitation Periods - Verjährung: Monetary claims for wages are generally subject to a three-year limitation period under the Civil Code. The limitation period usually begins at the end of the calendar year in which the claim became due and the employee knew about it. Specific deadlines and exceptions can apply.

Frequently Asked Questions

What should I do if my employer does not pay my salary on time?

Contact your employer in writing asking for payment and keep a copy. Gather evidence - contracts, emails, payslips and bank statements. If the employer still does not pay, seek legal advice promptly. Wage claims are enforceable at the local labour court. Consider a lawyer if the amount is significant or the employer refuses to communicate.

Can I claim unpaid overtime if my contract does not mention overtime pay?

Yes, you may be able to claim unpaid overtime if you can prove that you worked extra hours and your employer failed to compensate you. Whether overtime is payable depends on your contract, any applicable collective agreement and practice at the company. Keep detailed records of hours worked and any communications about overtime.

How do I know if the minimum wage applies to me?

The statutory minimum wage generally covers most employees, including part-time workers. Exceptions are limited and include certain apprenticeships and some long-term traineeships. Mini-jobs have rules about contributions and earnings limits, but the hourly minimum wage still applies to work performed.

What records should I keep to support a wage claim?

Keep contracts, written agreements, payslips, time sheets, clock-in or digital attendance records, emails or messages about hours, bank statements showing payments or non-payments and witness statements from colleagues if available. Detailed contemporaneous records strengthen your case.

Who enforces minimum wage rules in Germany?

The customs authority - Hauptzollamt - is responsible for enforcing the Minimum Wage Act. They investigate and can impose fines or order back payments. Labour courts handle private wage disputes between employee and employer.

What are my rights for holiday pay and unused vacation on termination?

You are generally entitled to paid annual leave under the Federal Holiday Act. If you do not take all of your statutory leave before termination, you usually have a claim for payment in lieu of leave. Precise calculations depend on your contract and collective agreements.

How long do I have to bring a wage claim?

Monetary claims for wages are typically subject to a three-year limitation period. The period usually starts at the end of the calendar year in which the claim became due and you were aware of it. Because calculation of limitation can be complicated, get advice early to avoid losing rights.

Can a works council help me with wage-and-hour problems?

Yes, if your company has a works council - Betriebsrat - it can support you, raise issues with management and help enforce collective agreement provisions or internal policies. Works councils cannot act as your lawyer but can be an important internal resource.

Are deductions from my salary legal?

Deductions are lawful if authorised by law, by a collective agreement or by written consent in the employment contract. Illegal deductions - such as taking money for damage without a lawful basis - may be challenged. Check payslips and seek advice if deductions appear unlawful.

How much does a lawyer cost and can legal expenses insurance help?

Lawyer fees are governed by the Lawyers Remuneration Act - RVG - and by agreements with the client. Many employment lawyers offer a first consultation for a fixed fee. Legal expenses insurance can cover costs in employment disputes if your policy includes employment law. Trade unions often provide legal assistance to members. Ask your lawyer about fee arrangements and potential cost risks before proceeding.

Additional Resources

- Local labour court - Arbeitsgericht - for filing claims and procedural information. Your lawyer can advise which local office is responsible.

- Customs authority - Hauptzollamt - for reporting minimum wage violations and inspections.

- Trade unions active in the region, such as unions that represent services, manufacturing and public-sector employees, for advice and legal assistance to members.

- Works council in your workplace for internal representation and collective matters.

- Local chamber of industry and commerce - IHK - and employer associations for information about collective agreements and sectoral rules.

- Social-security and tax authorities for issues about contributions and withholding obligations.

- Legal aid and consumer advice centres, which can provide initial guidance on procedure and costs.

Next Steps

1. Assemble your documents - contract, payslips, bank statements, time records and any messages about hours or pay. Create a clear timeline of events.

2. Raise the issue with your employer in writing if you have not already done so. An explicit written request can be useful evidence if you later bring a claim.

3. Contact local advice sources - your works council, a union or a consumer advice centre - for preliminary guidance and to learn about possible support.

4. Seek legal advice from a lawyer specialising in employment law - Arbeitsrecht. Discuss evidence, likely remedies, procedural steps and costs. Ask about limitation periods so you do not miss deadlines.

5. If immediate enforcement is required, your lawyer can initiate proceedings at the labour court and consider interim measures where appropriate.

6. Consider alternative dispute resolution if appropriate - mediation or settlement negotiations can resolve matters faster and with lower costs than full litigation.

Act promptly - wage-and-hour disputes can involve tight deadlines and complex interactions with collective agreements and social-security rules. Professional advice targeted to your specific facts will give you the best chance of recovering unpaid wages and resolving working-time disputes.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.