Best Wage & Hour Lawyers in Kitzingen

About Wage & Hour Law in Kitzingen, Germany

Wage and hour law in Kitzingen follows German federal rules, complemented by collective agreements and Bavarian specifics like public holidays. Most core protections stem from nationwide statutes that set minimum pay, limit daily and weekly working time, require breaks and rest periods, and govern pay during sickness and vacation. Kitzingen is in Bavaria and part of the Lower Franconia region, with many employers in manufacturing, logistics, hospitality, retail, and wine production. Local practice often involves collective agreements through unions such as IG Metall, NGG, and ver.di, and disputes are typically handled by the Labor Court in Würzburg.

Germany has a binding statutory minimum wage that applies equally in Kitzingen. Working time is regulated by the Working Hours Act, and employers are increasingly required to record employee working hours. Claims for unpaid wages often turn on contract terms, collective agreements, and strict contractual deadlines called exclusion periods. Because local industry structures and collective agreements vary, getting tailored advice can be crucial.

Why You May Need a Lawyer

You may need legal help if your employer is not paying the minimum wage, if overtime is unpaid or disputed, or if your payslips and working time records do not match the hours you worked. A lawyer can assess whether your contract or a collective agreement entitles you to premiums for overtime, night, Sunday, or public holiday work and whether your employer is complying with break and rest period rules.

Legal assistance is especially helpful if you are facing short contractual deadlines to assert wage claims, if you have been misclassified as a freelancer or independent contractor, if you are on a mini job or agency assignment and are unsure about your entitlements, or if you are being pressured to sign a termination agreement without proper settlement of outstanding pay. A lawyer can also represent you before the Labor Court in Würzburg and help gather evidence such as time records, shift plans, and witness statements.

Local Laws Overview

Minimum wage. Germany has a nationwide statutory minimum wage set by the Minimum Wage Act. The rate was 12.41 euros per hour in 2024 and, per the Minimum Wage Commission decision adopted in 2023, is 12.82 euros per hour from 2025. Collective agreements can set higher rates, and many Kitzingen area employers follow sectoral agreements that exceed the statutory minimum. Tips do not count toward meeting the minimum wage in hospitality.

Working time limits. Under the Working Hours Act, daily work is generally limited to 8 hours and can be extended to up to 10 hours if the average stays at 8 hours over 6 months or 24 weeks. Employees must receive at least 11 hours of uninterrupted rest between shifts. Breaks must be at least 30 minutes for shifts longer than 6 hours and 45 minutes for shifts longer than 9 hours, taken in blocks of at least 15 minutes.

Sunday and public holiday work. Sunday work is generally prohibited with statutory exceptions for sectors such as hospitality, healthcare, and logistics. Bavaria has more public holidays than many other states, and special rules apply to work on those days. When Sunday or public holiday work is permitted, compensatory time off or premium pay is typically required by collective agreement or case law. Night work requires appropriate compensation, often time off or a premium, with common benchmarks in case law around 25 percent for night work and higher for regular or holiday night work, unless a collective agreement provides otherwise.

Overtime and premiums. German law does not guarantee a general overtime premium unless a contract or collective agreement provides it, but all hours worked must at least be paid at the statutory or agreed base rate. Clauses that purportedly include all overtime in a flat salary are often invalid if they are not clear and reasonable. Overtime must be ordered or at least tolerated by the employer to be claimable.

Time recording. Employers must have an objective system to record working time. Many sectors have strict recordkeeping and document retention requirements, especially where the customs authority monitors compliance. Employees can use those records to substantiate wage claims.

Pay during sickness and vacation. Under the Continued Remuneration Act, employees with 4 weeks of tenure generally receive up to 6 weeks of paid sick leave per illness. The Federal Vacation Act guarantees at least 24 working days per year on a 6 day week basis, equivalent to 20 days on a 5 day week. Unused vacation is paid out if the employment ends and vacation cannot be taken.

Mini jobs and agency work. Mini jobs have an earnings cap that moves with the minimum wage and trigger special social insurance rules. Temporary agency workers are covered by the Temporary Employment Act and are entitled to equal pay with comparable permanent staff after a qualifying period unless a collective agreement provides otherwise.

Jurisdiction and enforcement. Wage disputes in Kitzingen are typically heard at the Labor Court in Würzburg. Enforcement of minimum wage and illicit work rules is carried out by the customs authority through the Financial Control of Undeclared Work unit. Occupational safety and working time compliance in Bavaria is supervised by the Gewerbeaufsicht at the Government of Lower Franconia.

Frequently Asked Questions

What is the minimum wage in Kitzingen and does it apply to me

The statutory minimum wage applies in all of Germany, including Kitzingen. The rate was 12.41 euros per hour in 2024 and is 12.82 euros per hour from 2025 according to the Minimum Wage Commission decision. Many collective agreements set higher rates. Certain groups like trainees under the Vocational Training Act, volunteers, and some interns are treated differently, but most employees are covered.

How many hours can I be required to work per day or week

The legal maximum is generally 8 hours per day, expandable to 10 hours if the average over 6 months or 24 weeks does not exceed 8 hours. There is no single weekly maximum in the statute, but the daily cap and averaging rule control the weekly total. Collective agreements may specify regular weekly hours, often 35 to 40, depending on the sector.

Am I entitled to overtime pay or a premium

German law requires that all hours worked be paid, but it does not guarantee a premium percentage for overtime unless your contract or a collective agreement provides it. Night, Sunday, and public holiday work usually triggers time off or premiums under collective agreements or case law. Check your contract and any sectoral agreement that applies to your workplace.

What breaks and rest periods am I entitled to

You must receive at least a 30 minute break if your shift is more than 6 hours and at least 45 minutes if more than 9 hours, taken in blocks of 15 minutes or more. You must have at least 11 hours of uninterrupted rest between the end of one shift and the start of the next. Stricter rules may apply to young workers and pregnant employees.

Can my employer require me to work on Sundays or Bavarian public holidays

Sunday and public holiday work is generally prohibited except in specific sectors like hospitality, healthcare, retail with restrictions, logistics, and emergency services. Bavaria has additional public holidays. Where work is allowed, you must receive compensatory time off, and collective agreements often grant premiums. If you are asked to work, your employer must be able to justify the exception.

Do tips count toward the minimum wage in hospitality

No. Tips are voluntary payments from customers and do not count toward the employer’s obligation to pay the minimum wage. Your base wage must meet or exceed the statutory or collectively agreed minimum without counting tips.

How do I claim unpaid wages, overtime, or vacation pay

Act quickly. Many contracts and collective agreements contain exclusion periods requiring you to assert claims in writing within a short period, often 3 months, and to sue if the employer rejects or ignores the claim. Gather evidence like time records, shift schedules, messages, and payslips. If negotiation does not resolve the issue, you can file a claim at the Labor Court in Würzburg.

What are exclusion periods and why do they matter

Exclusion periods are contractual or collectively agreed deadlines that require you to assert claims within a set time or lose them, even before the general 3 year statute of limitations. They usually require a written claim to the employer and sometimes a lawsuit within a further short period. Missing these deadlines can bar your claim entirely.

Do employers have to record working time and can I see the records

Yes, employers must operate an objective system for recording working time. In several sectors, there are strict recordkeeping rules and inspections. You can request copies of your time records, and they can be crucial evidence in wage disputes.

How are mini jobs and temporary agency work treated for wage and hour purposes

Mini jobs are allowed only up to a monthly earnings cap that adjusts with the minimum wage and come with special social insurance rules. All worked hours must still be paid at least at the applicable minimum. Temporary agency workers are entitled to equal pay with comparable staff after a qualifying period unless a valid collective agreement provides otherwise. Agency assignments in Kitzingen are common in logistics and manufacturing, so check your agency contract and any sector agreement.

Additional Resources

Labor Court Würzburg for wage disputes arising in Kitzingen. Government of Lower Franconia Gewerbeaufsicht for working time and occupational safety oversight. Customs Authority Financial Control of Undeclared Work for minimum wage enforcement and illicit employment investigations.

Federal Ministry of Labour and Social Affairs and the Minimum Wage Commission for official minimum wage information. German Pension Insurance and Health Insurance Funds for mini job and midi job social insurance questions. Employment Agency and Jobcenter offices serving Kitzingen for employment related support.

Trade unions active in the region such as IG Metall, ver.di, and NGG for collective agreement information and member legal support. DGB legal protection offices in Lower Franconia for union affiliated representation. Chambers of Commerce and Crafts in Würzburg Schweinfurt for employer and employee guidance on sector rules.

Next Steps

Document everything. Keep copies of your employment contract, any collective agreement references, schedules, time records, emails or messages about hours, and payslips. Write down dates, start and end times, and breaks for disputed days.

Check the applicable rate. Confirm the current statutory minimum wage and whether a collective agreement applies at your workplace that sets higher pay or specific premiums. Identify any exclusion periods in your contract or in the collective agreement.

Raise the issue in writing. Send a dated written demand to your employer listing the specific hours and amounts you believe are owed and set a reasonable deadline for payment. Keep proof of delivery. If you are in a works council environment, inform the works council.

Seek advice early. Contact a wage and hour lawyer familiar with Bavarian practice or your trade union if you are a member. A local lawyer can assess your chances, calculate claims, and file suit at the Labor Court in Würzburg if needed. In first instance labor court proceedings, each party typically bears its own attorney fees regardless of outcome, so discuss costs and legal insurance coverage in advance.

Protect your timeline. If the employer does not pay, file a claim before exclusion periods expire. Your lawyer can also request the court to order the employer to provide working time records and payslips if needed. If there is ongoing non compliance, consider notifying the customs authority’s wage enforcement unit or the Bavarian Gewerbeaufsicht where appropriate.

If you are unsure where to start, arrange an initial consultation with a local wage and hour lawyer, bring your documents, and prepare a simple timeline of your working hours and payments. Early, evidence based action is the best way to preserve and recover what you are owed.