Do you need information about your rights at work in Germany?

The fear of being infected on the way to work or at work is no reason to not go to work. If you decide to stay at home on your own without consulting your employer and without a doctor's certificate of incapacity for work (Arbeitsunfähigkeitsbescheinigung), your employer can give you a written warning (Abmahnung) or terminate your contract (Kündigung).

If you or one of your colleagues contract COVID-19, it is important to notify the respective employer's liability insurance association (Berufsgenossenschaften) or accident insurance fund (Unfallkasse). Otherwise, it will not be possible to have your COVID-19 sickness recognised as an occupational accident or disease. The notification is essential to ensure that you are covered by the statutory accident insurance and will receive better treatment and better financial support than through your statutory health insurance. 

You will have to prove that you contracted COVID-19 at your workplace.....for more information COVID-19-Infektion  through work?

Employers can respond to the corona crisis with so-called “short-time work” (Kurzarbeit). Short-time work means that you work fewer hours than initially agreed upon in the employment contract. The fact that you work less hours has an impact on your salary. You can read what the so-called “short-time allowance” (Kurzarbeitergeld)  is in the next question. With the so-called "short-time work zero" (Kurzarbeit null) you temporarily do not work at all.

Companies cannot set short-time work on their own! If a contractual agreement (e.g. your employment contract (Arbeitsvertrag), a collective agreement (Tarifvertrag) or a company agreement (Betriebsvereinbarung)) provides a certain regulation regarding short-time work, the employer is allowed to mandate short-time work. If there is no contractual agreement on short-time work, the works council (Betriebsrat) must agree to short-time work. You can find out what a works council is and about it’s responsibilities here and here. In companies without a works council and without contractual regulations regarding short-time work, the employer has to receive a written declaration of consent (Einverständniserklärung) from each employee affected by short time work. If you work in short-time work, you are entitled to short-time allowance. Get advice from a Fair Integration advice center if you are unsure whether you should sign a declaration of consent! Don't sign anything you don't understand.

There are three options:

1. A government authority quarantines your company because, for example, many employees have contracted the coronavirus. The following applies: The employer generally bears the operational risk, even if operational problems that they did not cause arise. If the closure has been ordered externally by an authority, the employer must continue to pay wages.

2. Your employer closes the company because he no longer has a job for you. If he meets the requirements, he can ask for short-time work allowance (Kurzarbeitegeld) from the employment agency (Agentur für Arbeit) for his employees. You can find out what "short-time work" means in the question: "What is short-time allowance".

3. Your employer closes the business voluntarily or as a precaution. In this case, you can stay at home and the employer must continue to pay your wages.

If you have been working in a company with 10 or more employees for more than 6 months, the statutory protection against dismissal (Kündigungsschutz) applies. This means that there must be certain reasons for a termination (Kündigung). The current corona crisis is not automatically a reason for operation related  redundancies (betriebsbedingte Kündigung). If your employer terminates your contract with this reason, you should have your termination legally checked. To do this, you must file a so-called unfair dismissal complaint (Kündigungsschutzklage) with the competent labour court (Arbeitsgericht).

Important: A termination might have consequences for your residency. If you have any questions, be sure to seek advice!

Attention: If your employer wants you to sign a termination notice, you might actually sign your own notice of termination or a termination agreement (Aufhebungsvertrag). This can have disadvantages for you! Seek advice from a Fair Integration counselling office before you sign anything! Read the information on our flyer "Termination - what I need to know!".

The employer can send you home if he has the impression that you are sick or due to an infection, that presents a risk for your colleagues. The employer can also send you home as a precautionary measure. In both cases, your employer must continue to pay your wages. If you are healthy and able to work, the employer needs a good reason or your consent to send you home. If he has no good reason, you have the right to continue receiving your full wages.

If the employer does not have enough work for you he is not allowed to single handedly decide that you have to reduce your accumulated overtime hours, take vacation, or reduce the credit on your working time account. You can read what a working time account is here.

You are not entitled to work from home, that is, to do "home office". If you want to work from home, you must discuss this with your employer. Many employers are currently making home office regulations. If you get such an offer from your employer, you should take advantage of it. Home office regulations can result from company agreements or a collective agreement. If there is a works council in your company, ask your works council which regulations apply to you. You can find out what a works council is and about its responsibilities here and here.

In some companies, working from home is difficult. If there is no home office regulation in your company, you have to ask your employer whether you can work from home or not.

If your vocational school is closed, you must go to the company, in which the practical training takes place. Unless the company is closed due to quarantine. For exams, you must always ask the responsible office whether the exam is taking place. 

Attention: If you have a “special leave to remain for the purpose of training” (Ausbildungsduldung) and get fired from your vocational training, get advice quickly!

Overtime must always be agreed upon beforehand: in the employment contract (Arbeitsvertrag), in a company agreement (Betriebsvereinbarung) or in a collective agreement (Tarifvertrag). If there is no agreement, the employer may not order overtime without your consent. In exceptional situations, the employer may require you to work overtime. This applies, for example, if the employer can use overtime to ward off damages that threaten the company and that cannot be avoided otherwise.

When determining vacation, the employer must always take your wishes into consideration. In principle, he cannot force you to take vacation. If you are on short-time work (Kurzarbeit), other regulations may apply. If you have any questions, please contact a Fair Integration advice center!

If you have submitted a leave request (Urlaubsantrag) and the employer has approved it, it is a two-way agreement to which both sides are bound. You can therefore only postpone your vacation with the consent of your employer. Talk to your employer whether this is possible under the current circumstances.

If you have contracted the coronavirus, you will be unable to work and will receive a certificate of incapacity for work (Arbeitsunfähigkeitsbescheinigung) from your doctor. You must send this to your employer and your health insurance company (Krankenkasse). The normal rules in the event of incapacity to work apply here. If you are not working, you will continue to be paid by your employer for 6 weeks in accordance with the Continuation of Remuneration Act (Entgeltfortzahlungsgesetz). If you are sick for longer than 6 weeks you will receive sick leave benefits (Krankengeld) from your health insurance company. Those who are not insured through their work, e.g. mini-jobbers and people who are pursuing student employment do not receive sick leave benefits.

Warning: Usually you do not have to tell your employer why you are unable to work. However, since the coronavirus is highly contagious, it is highly advisable to inform the employer and colleagues about your infection with the coronavirus. This is the only way your employer can react accordingly and prevent the spread of the coronavirus. Your employer can write down a reporting obligation in a company agreement (Betriebsvereinbarung).

The employer must inform you of the risk of infection at work. He must inform you of the hygiene measures to be followed and take measures for your protection. Employees must be able to do their work safely. The risk of infection must be as low as possible. This can also include that the employer must provide you with facemasks and disinfectants in washrooms and at the entrances to the company.

Your employer has a so-called “instruction right” (Direktionsrecht). This means that he can require you to implement the necessary hygienic measures against the spread of the coronavirus. For example, the employer can tell you to wear a facemask and to wash or disinfect your hands regularly.

Your employment contract states whether business trips in Germany and abroad are compulsory for you. If you do not go on a business trip despite your obligation, this can be a reason for a written warning (Abmahnung) or termination (Kündigung).

Important: Nevertheless, your employer cannot send you on business trips anywhere without restrictions.  You have the right to refuse a business trip under certain circumstances. The employer has a duty of care (Fürsorgepflicht). This means that, among other things, he has to protect the health of his employees. If there is an official travel warning from the Federal Foreign Office (Auswärtiges Amt) for a specific country or area, the employer must take this into consideration. Should your employer nevertheless send you on a business trip to a risk area, you should always speak to your supervisor and / or the works council. Let the Fair Integration advice center help you!

You can find the current travel warnings from the Federal Foreign Office (Auswärtiges Amt) under the following link.

Because of the coronavirus, there are new rules for short-time work. Under certain conditions, your employer can apply for short-time allowance (Kurzarbeitergeld) at the responsible employment agency (Agentur für Arbeit). You can read more about the conditions that your employer needs to fulfill in order to receive short-time allowance here. If the conditions are fulfilled, the employment agency approves the short-time allowance and pays it to your employer. That is why you will receive both, your wages and the short-time allowance from your employer and not from the employment agency.

The fact that you work fewer hours has an impact on your salary. Short-time allowance is the money you get for your unpaid wages. That is 60% (if you have a child living with you 67%) of the net wage lost because of short-time work. If you work 50% or less, your short-time allowance is:     

• beginning with the 4th month in short-time work 70% (if you have a child living with you 77%) of the net wage lost because of short-time work.    
• beginning with the the 7th month in short-time work 80% (if you have a child living with you 87%) of the net wage lost because of short-time work.

This regulation applies until the end of the year. The employer can increase the short-time allowance. A table, to help you calculate your short-time allowance can be found on the website of the Federal Employment Agency.

Important: Even people who work in temporary agency work (Leiharbeit) can get short-time allowance! Under certain circumstances, trainees are also entitled to short-time allowance. There is no short-time allowance for employees who have a mini-job.

If the short-time allowance is not sufficient to finance your living, you can apply for supplementary social assistance (aufstockende Leistungen) at the job center or the social welfare office (Sozialamt). This also applies to: persons with permission to reside (Aufenthaltsgestattung) or special leave to remain (Duldung) and persons with a residence permit (Aufenthaltstitel) for employment or training.

Attention: Receiving supplemental social assistance from the job center or the social welfare office may impact your residency status! Receiving short-time work allowance will not affect your residency. If you have any questions, be sure to contact a Fair Integration advice center!