German Tariff Agreement
Current collective agreements are available for download: German labour law does not require any employer/shipowner to apply collective agreements to workers aboard German-flagged vessels. Collective agreements in the German maritime industry (Manteltarifvertrag See und Heuertarifvertrag See) apply only if: Rights and obligations The worker is required to perform the agreed tasks. If in doubt, the content and extent of its rights and obligations are in accordance with the contractual terms applicable to the contract, common law or collective agreement. For its part, the employer is required to pay for the benefits provided under the agreement. When an applicant has to answer admissible questions, the employer may terminate the employment contract for deception. Compulsory pension insurance Social security Tax payers are covered by compulsory pension insurance for the duration of their employment. This also applies to foreign employees. However, they are only entitled to benefits if they have completed the required waiting periods (legal rights to future pension payments) or if the Federal Republic of Germany has entered into a social security contract with its country of origin. For any specific questions about pension insurance, please contact the appropriate pension insurer. If the employment is for a fixed period, it must always be agreed in writing.
If this is not the case, the employment contract is considered to be an indeterminate contract. In principle, employers and workers are free to negotiate employment contracts. These contracts can be written or concluded orally. In order to ensure that there is evidence of the employment relationship, it is recommended that a written employment contract be entered into. Working time It should be noted that not only the beginning of work and, if necessary, the end of the working relationship, but also the weekly and daily working time are fixed in working contact, in the collective agreement or in a factory/office contract. If in doubt, the usual working hours in the factory/office are considered to be agreed upon. Employment contract As a general rule, the employment relationship is determined by a written employment contract. According to the fundamental principle of equality between men and women, employers cannot in principle exclude men or women from employment in a profession. When recruiting, they are required to limit their questions to those for whom the answer is of legitimate interest with respect to the planned employment relationship. For example, questions about an intentional marriage or pregnancy are not allowed. On the other hand, the worker must voluntarily report diseases and physical impairments that affect the performance of the proposed activity.
In factories/offices with an enterprise committee/office council, the agreement of the works council is required for each appointment. All factories/offices with more than five employees (with the right to vote for the works council), three of whom can be elected, may have a company committee. In the public service, the staff committee performs the corresponding tasks. Workers over the age of 18 receive at least 24 days off per year. The minimum length of leave is increased in accordance with a collective agreement, age and/or years of service in the company. Typically, employees receive between 25 and 30 days off per year. As a general rule, the worker is not entitled to leave during the probation.