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flag Germany Germany: Operating a Business

Legal Forms of Companies | The Active Population in Figures | Working Conditions | The Cost of Labor | Management of Human Resources

Legal Forms of Companies

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability
Gesellschaft mit beschrankter Haftung (GmbH) is a limited liability company
 
EUR 25,000 minimum with at least half fully paid up at the creation of the company.
No minimum
 
Liability is limited to the amount of capital contributed.
Aktiengesellschaft (AG) is a public limited company .
 
EUR 50,000 minimum with a quarter fully paid up at the creation of the company.
No minimum
 
Liability is limited to the amount of capital contributed.
Offene Handelsgesellschaft (OHG) is a general partnership.
 
No minimum capital.
Minimum: 2
 
Their liability is joint and indefinite on the obligations and debts of the company.
Kommanditgesellschat (KG) is a limited joint-stock partnership.
 
EUR 500
There are two types of partners, the active partners and the silent partners.
 
The liability of the active partners is personal and indefinite.
The liability of the silent partners is limited to the amount of capital contributed.
 
Enterprises Federation
Bundesverband der Deutschen Industrie e.V., BDI - Federation of German Industries
Search a Company or a Financial Report
Handelsregister, Common register portal of the German federal states
Ebundesanzeiger, in German
 

Business Setup Procedures

Setting Up a Company Germany OECD
Procedures (number) 9.00 5.60
Time (days) 15.00 13.80

Source: Doing Business.

 
For Further Information
Consult Doing Business Website, to know about procedures to start a Business in Germany.
Judicial register of the federal states
Company Register
The Competent Organization
The Common register portal of the German federal states.

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The Active Population in Figures

2010
Labor Force 43,350,000

Source: CIA - The world factbook

 
20092010
Total activity rate -59.80%
Men activity rate 66.80%-
Women activity rate 53.10%-

Source: UN - United Nations

 

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Working Conditions

Opening Hours
 
  • Legal Weekly Duration
Maximum 48 hours a week.
  • Maximum Duration
An employee work day should not technically be more than 8 hours a day.  The time schedule can be increased to 10 hours only if in the period of 6 months or 24 weeks an average of 8 hours a day has not been exceeded.
  • Night Hours
At least 2 hours worked between 11 pm and 6 am..
Working Rest Day
Employees are not allowed to work on Sundays and public holidays. But there are exceptions according to the branch of activity.
Paid Annual Vacation
20 days
Retirement Age
67 years old
Child Labor and Minimum Age For Employment
In Germany, the minimum age one can start working is 18 years old.

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The Cost of Labor

Pay

Minimum Wage
There is no legal minimum wage. However, some occupations have had, in practice, a minimum wage since July 2007: building work (8.40 EUR to 12.40 EUR per hour), roofing (10 EUR per hour), painting (7.15 EUR to 10.73 EUR per hour), demolition (8.80 EUR to 11.60 EUR per hour), cleaning (6.36 EUR to 7.87 EUR per hour), electricity (7.70 EUR per hour for East Germany and 9.20 EUR per hour in West Germany), caregivers since 2010, and possible future minimum wage for temporary jobs.
Average Wage
Average wage is EUR 28,000 per year, ie EUR 2,000 per month.
Other Forms of Pay
  • Pay For Overtime
There is no obligation, it depends on sectorial agreements and individual negotiations. Overtime may be compensated for financially or by extra days of vacation.
  • Pay For Rest Days Worked
To be negotiated.
  • Pay For Night Hours
In practice compensated for, but it depends on the sector.
  • Pay For Overtime at Night
According to the sector and negotiations.
 

Social Security Costs

The Areas Covered
Health insurance (medical care, maternity, disability, death), retirement pensions, family allowances, unemployment benefit.
Contributions
Contributions Paid By the Employer: 20.9 %
Contributions Paid By the Employee: 20.9%
Competent Organization
Invest in Germany (Information on the job market)
Ministry of Labor

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Management of Human Resources

 

Recruitment

Method of Recruitment
By adverts in the national press (FAZ, die Zeit), in the regional press, by head hunters (Michael Page, Manpower, Arbeitsagentur), by job centers.
Recruitment Agencies
Job centers.
Recruitment Websites
Job scout
Monster
Jobpilot
Manpower
National Daily FAZ
 

The Contract

Type of Contract
The work contract is usually open ended with a trial period which may be up to 6 months. The contract may also be fixed term; it can be renewed 3 times maximum, and for a maximum duration of 2 years.
Breach of Contracts
 
  • Dismissals
Termination by the employer can be done under different conditions:
- Redundancy either individual or of a group
- Termination because of professional misconduct, absenteeism or end of seasonal employment
  • Other Possible Methods
- Because of reasons tied to the person.
Labor Laws
Labor Law
Labor Law
Law on the work hours
 

Dispute Settlement

 

Conciliation Process

Cases of Dispute
Work Conditions, unfair dismissal, sexual and moral harassment, verbal violence and physical violence
  • Procedure
Labor law (first section), Labor law (second section)
 

Judicial Structures

  • Legal Framework
A social conflict is deemed to be present when a collective labor agreement has expired or when salary negotiations have failed. For more information, refer to the Labor law
  • Competent Legal Body
See the Labor law (first section and the second section)
 

Social Partners

Social Dialogue and Involvement of Social Partners
Unions are strong in Germany, however, the eastern side is more union orientated than the west. The overwhelming majority of trade union members are in eight unions grouped by industry or service sector. They are affiliates of the German Trade Union Federation (DGB), which counted 6.3 million members in 2009. At the company level, works councils represent the interests of workers vis-à-vis their employers.
Unionization Rate
21%
Unions
DGB
Verdi
IG Metall
Regulation Bodies
Ministry of Agriculture
Deutscher Bauernverband
BOLW

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Learn more about Operating a Business in Germany on Globaltrade.net, the Directory for International Trade Services.
 

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Last Updates: January 2012

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