🇩🇪 Your rights in Germany

Equal pay

German law requires equal pay for equal work or work of equal value, regardless of sex. Pay discrimination is also prohibited under the General Equal Treatment Act (AGG).

• The Pay Transparency Act (Entgelttransparenzgesetz) gives employees in larger companies a right to ask how their pay compares with that of colleagues of the opposite sex doing equal or equivalent work.
• Works councils (Betriebsrat) can support you and have rights to information on pay.
• New EU pay transparency rules are being brought into German law and should strengthen these rights.

If you suspect pay discrimination, you can request information, contact the works council or union, or seek advice from the Federal Anti-Discrimination Agency. Some AGG claims must be made in writing within two months, so act quickly.

Harassment at work

Sexual harassment at work is a form of discrimination under the General Equal Treatment Act (AGG). Employers must take measures to protect employees, including preventive measures, and must act when harassment is reported.

• You have the right to complain to the responsible office in your company, and the employer must investigate.
• If the employer does not take suitable measures, you may in some cases be entitled to stop working without losing pay, but get advice before doing this.
• You must not be disadvantaged for complaining.

Keep a record of incidents and witnesses. The works council, your union or the Federal Anti-Discrimination Agency can help. Claims for compensation under the AGG generally must be made in writing within two months. Serious harassment can also be a criminal offence.

Pregnancy and maternity

The Maternity Protection Act (Mutterschutzgesetz) protects pregnant and breastfeeding employees.

• You are generally protected against dismissal from the start of pregnancy until a period after the birth. A dismissal is only possible in exceptional cases with approval from the authorities.
• There are protection periods before and after birth during which you generally do not work or must not be employed, with maternity pay.
• Your employer must assess risks and adapt your work if needed.
• After the birth, you can take parental leave (Elternzeit) and may receive parental allowance (Elterngeld).

Tell your employer about your pregnancy as soon as you can so that the protections apply. If you are dismissed, you usually must go to the labour court within three weeks, so seek advice immediately.

Flexible work

The Part-Time and Fixed-Term Employment Act gives many employees the right to reduce their working hours, and in some cases to take a temporary part-time period and return to full-time work, if the employer is above a certain size and you have worked there for a qualifying period.

• Your employer can refuse only for operational reasons.
• During parental leave, you may be able to work part-time within set limits.
• There is no general legal right to work from home, but works agreements, collective agreements or your contract may provide one.

Make your request in writing and in good time, stating the hours and distribution you want. If the employer does not respond properly by the deadline, your request may be treated as accepted in some cases.

Protection from domestic abuse

Under the Violence Protection Act (Gewaltschutzgesetz), the family court can make orders to protect you from violence, threats or stalking.

• The court can ban the person from entering your home, approaching you or contacting you.
• If you live together, the court can order that you be given the shared home for your sole use for a period.
• Applications can be decided quickly in urgent cases.
• Breaching an order is a criminal offence.

Police can also order an abusive person to leave the home for a short time. Women's shelters (Frauenhäuser) and counselling centres can help. The Hilfetelefon is free, confidential and available day and night. In an emergency, call 110.

Separation and divorce

A divorce in Germany must be granted by the family court, and you need a lawyer to file the application. The court must be satisfied that the marriage has broken down, which is usually shown by a year of separation (Trennungsjahr). It can be possible to live separately within the same home.

• Pension rights acquired during the marriage are usually equalised as part of the divorce.
• Property is often divided through an equalisation of gains unless you agreed otherwise.
• Spouses may be entitled to maintenance during separation and, in some cases, after divorce.
• Parental custody usually remains joint, but the court can decide otherwise in the child's best interests.

Child maintenance is usually calculated with reference to an official table (Düsseldorfer Tabelle).

Legal aid and free legal help

If you cannot afford legal help, there are two main forms of state support:

• Advice assistance (Beratungshilfe) covers legal advice outside court. You apply at the local court (Amtsgericht) or go directly to a lawyer.
• Legal aid for court proceedings (Prozesskostenhilfe, or Verfahrenskostenhilfe in family cases) covers court and lawyer fees if your income is low and the case has a reasonable chance of success. You may have to pay it back in instalments.

Other help includes trade unions, which often provide legal protection in labour disputes, legal expenses insurance, women's counselling centres and the Federal Anti-Discrimination Agency. Victims of certain crimes may be entitled to a free lawyer to support them in criminal proceedings.