German Employment Law Basics: Where to Start If You're Coming From a Common Law Country

Different rules. Entirely.

If you’ve worked in the UK, the US, Canada, Australia, or most other English-speaking countries, you’ve grown up in a common law employment system. German employment law is something else. It’s not harder, but it works on different assumptions, and some of those assumptions will surprise you.

This section covers the foundations. If you read nothing else, read these two pieces first.

Civil law vs. common law – The big picture. Why courts work differently, what “codified law” means for your rights, and why the contract isn’t always the whole story.

Severance pay (Abfindung) – There’s no automatic right to severance in Germany. But in practice, many dismissals end with a payout. Here’s why, how, and how much.

Your German employment contract explained – What expats typically miss when they sign. Probation periods, non-compete clauses, overtime provisions, and the documents that sit above your contract and override it.

FAQ

I have a lot of employment law experience from my home country. How much of it applies here? Some general principles translate: good faith, reasonableness, proportionality. Most of the specifics don’t. The procedural rules, deadlines, court structure, cost allocation, are particularly different.

Do I need to speak German to enforce my rights? Not necessarily. Labour courts can be navigated with a lawyer who works in English. But documents, contracts, dismissal letters, references, will usually be in German, and the content matters.

Where do I start if I have an active problem right now? If you’ve received a dismissal, start here. For everything else, get in touch directly.

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