Best Wage & Hour Lawyers in Stade

About Wage & Hour Law in Stade, Germany

Wage and hour law in Stade is governed primarily by German federal law, which applies uniformly across all cities and states, including Lower Saxony. These rules set minimum standards for pay, working time, rest periods, breaks, holiday entitlement, Sunday and public holiday work, and the recording of working hours. Collective bargaining agreements and works council arrangements can grant additional protections. Because many issues depend on your contract and any applicable collective agreement, local legal advice is often essential.

Stade has a diverse economy with logistics, manufacturing, port-related services, and public sector employers. Depending on the industry and whether a collective agreement applies, employees may have rights to sector-specific minimum wages, allowances for night or shift work, and detailed rules about scheduling and overtime compensation.

Why You May Need a Lawyer

People in Stade commonly seek legal help with unpaid wages, incorrect overtime calculations, misclassification as a contractor, unlawful deductions, or disputes over recorded working time. A lawyer can review your employment contract, check whether a collective agreement applies, calculate what you are owed, and enforce claims in the labor courts if necessary.

Other frequent triggers include denial of breaks or rest periods, assignment to excessive shifts, Sunday or public holiday work without proper substitute rest, noncompliance with working time recording duties, unequal pay concerns, issues in mini-job or temporary agency work, and short contractual deadlines that can cause wage claims to expire if not asserted quickly.

Local Laws Overview

Minimum wage. The federal minimum wage applies in Stade. It is EUR 12.41 per hour in 2024 and scheduled to rise to EUR 12.82 per hour in 2025. Sectoral minimum wages set by collective agreements may be higher in industries such as construction, cleaning, security, and care. The general minimum does not apply to certain groups such as minors without vocational training, some internships, and the first six months of employment after long-term unemployment.

Working time. The Working Time Act sets a normal maximum of 8 hours per day. It can be extended to up to 10 hours if the average over 6 months or 24 weeks does not exceed 8 hours per day. Employees must have at least 11 consecutive hours of rest between shifts. Breaks must be at least 30 minutes on days with more than 6 hours of work and at least 45 minutes on days with more than 9 hours. Sunday and public holiday work is generally prohibited with statutory exceptions, and substitute rest days must be granted if work occurs.

Time recording. Following case law by the Federal Labor Court, employers must implement a system to record working time. Some sectors have additional record-keeping duties under minimum wage rules. Details of the recording method can be set by the employer, but co-determination with a works council often applies.

Overtime and premiums. German law does not guarantee a universal overtime premium. Entitlement to extra pay or time off depends on the employment contract or collective agreement. Night work usually requires a supplement or compensatory time. Sunday and holiday work surcharges are typically governed by collective agreements, while substitute rest is mandatory by law for such work.

Paid leave and sick pay. Full-time employees are entitled to at least 20 days of paid vacation per year in a 5-day week. Pay during illness is usually continued by the employer for up to 6 weeks, followed by statutory sick pay through health insurance if applicable.

Mini-jobs and midi-jobs. Mini-jobs are low-earnings positions with a dynamic monthly earnings limit. In 2024 the limit is EUR 538 per month. Mini-jobbers are entitled to the minimum wage, paid leave, and sick pay. Midi-jobs cover a transitional earnings range with reduced employee social security contributions.

Local public holidays in Lower Saxony. Public holidays relevant for working time and substitute rest include New Year’s Day, Good Friday, Easter Monday, Labor Day, Ascension Day, Whit Monday, German Unity Day, Reformation Day, Christmas Day, and Boxing Day.

Enforcement and claims. Unlawful wage deductions are restricted. Employees are entitled to a pay statement. Standard limitation periods for wage claims are three years, but many contracts and collective agreements contain much shorter exclusion periods that may require written assertion of claims within a few months and timely filing in court if the employer does not pay. Prompt action is critical.

Frequently Asked Questions

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

The federal minimum wage applies in Stade. It is EUR 12.41 per hour in 2024 and is scheduled to be EUR 12.82 per hour in 2025. It applies to most employees, including mini-jobbers. Exceptions include minors without vocational training, certain internships, and some initial employment after long-term unemployment. If a sectoral collective agreement sets a higher minimum, that higher rate applies.

How many hours can my employer require me to work

Daily working time is capped at 8 hours and may reach 10 hours only if the average over 6 months or 24 weeks is no more than 8 hours per day. You must receive at least 11 hours of rest between shifts. Breaks must total at least 30 minutes if you work more than 6 hours and 45 minutes if you work more than 9 hours.

Am I entitled to overtime pay

There is no universal statutory overtime premium. Whether you receive extra pay or time off depends on your contract or any collective agreement. Night work usually requires a supplement or compensatory time. Senior executives who qualify as leitende Angestellte are not covered by some working time limits.

Do employers have to record working time

Yes. Based on Federal Labor Court case law, employers must have a system to record working hours. Some sectors have additional record-keeping rules under minimum wage enforcement. If your hours are not recorded accurately, keep your own detailed records and raise the issue in writing.

What counts as working time

Time during which you must be available to work and follow the employer’s instructions counts as working time. This includes work performed on the employer’s premises, certain business travel time, required training, and on-call service when restrictions significantly limit your ability to use time freely. Preparation such as donning required protective gear can count if mandated and time-consuming. Commuting from home to your usual workplace generally does not count.

I have a mini-job in Stade. What are my rights

Mini-jobbers are entitled to the minimum wage, paid vacation, and pay during sick leave under the same principles as other employees. In 2024 the mini-job monthly earnings limit is EUR 538. If your hours at the applicable wage rate cause you to exceed the limit, your job may transition out of mini-job status with full social insurance contributions.

My employer made deductions from my pay. Is that legal

Deductions generally require your consent or a clear legal basis. The employer cannot offset costs in ways that push pay below the minimum wage for hours worked. Tips do not count toward meeting the minimum wage. You are entitled to a pay statement that explains gross pay, deductions, and net pay.

How quickly must I assert unpaid wage or overtime claims

Contractual or collective agreement exclusion periods can be very short, often a few months from when a claim falls due. Many require a written claim to the employer and then filing in court within a set period if not resolved. If no exclusion period applies, the default statutory limitation is three years. Act quickly and seek legal advice to avoid missing deadlines.

Can I be required to work on Sundays or public holidays in Lower Saxony

Sunday and public holiday work is generally prohibited, with exceptions for specific industries and urgent needs. If you work on those days, you must receive substitute rest. There is no across-the-board statutory premium, but collective agreements often provide surcharges. Local public holidays in Lower Saxony include Reformation Day in addition to nationwide holidays.

I think I am misclassified as a freelancer. What can I do

If you work like an employee and follow employer instructions but are labeled a contractor, you may be misclassified. You can request a status determination from the German pension insurance and seek recognition of employment rights such as minimum wage, paid leave, and social insurance. Misclassification disputes are complex, so consult a lawyer promptly.

Additional Resources

Lower Saxony Ministry for Social Affairs, Labor, Health and Equality. Provides information on labor standards and regional programs.

Customs Authority - Financial Control of Undeclared Work. Monitors minimum wage compliance and combats illegal employment.

Local Employment Agency Stade - Agentur für Arbeit Stade. Offers guidance on employment relationships, pay issues, and benefits.

Chambers and employer associations in the region, such as the Chamber of Commerce and Industry in Stade and relevant craft chambers, for sector-specific standards and collective agreements.

Trade unions and DGB legal protection offices. Provide advice and representation in wage and hour disputes for members.

Labor court system in Lower Saxony, including the regional labor court in Hannover and the competent local labor court for your employer’s location. Court staff can provide procedural guidance, though not legal advice.

Fair Mobility advisory centers for mobile and posted workers. Helpful for multilingual support on pay and working time issues.

German Pension Insurance. Handles employee status determinations and social insurance matters relevant to misclassification.

Next Steps

Document your situation. Gather your employment contract, collective agreement if any, payslips, time records, work schedules, emails or chat messages about hours, and your own detailed log of hours worked. Note dates and names of supervisors who assigned work or approved overtime.

Raise the issue internally in writing. Ask payroll or HR for clarification and corrections and copy the works council if one exists. Be polite and factual. Keep copies of all communications.

Check deadlines. Look for exclusion periods in your contract or any collective agreement. If a short deadline applies, send a written claim immediately that specifies amounts and pay periods.

Seek legal help. Contact a lawyer who focuses on German employment law in Lower Saxony. If cost is a concern, ask about initial consultations, legal expense insurance coverage, and whether Beratungshilfe or Prozesskostenhilfe may be available based on your income.

Protect yourself. Do not sign settlements, amendments, or acknowledgments that waive claims without legal review. Continue to keep your own time records even if the employer has a system.

Escalate if needed. If internal steps fail, your lawyer can file a claim in the competent labor court, seek payment orders, and negotiate a settlement or judgment. For minimum wage violations, you can also contact the customs authority unit responsible for enforcement.

This guide provides general information for Stade and the wider Lower Saxony region. Laws and collective agreements can change and individual facts matter. For tailored advice, consult a qualified employment lawyer.