Employment laws in Germany,no paid holidays? Is this right?

[fraggleland]

Hello! Posting for a friend, who went to Germany to work as a live in carer in October. Friend has signed a contract but doesn't really understand any of it!
Friend has worked 24 hours a day 7 days a week, with an occasional couple of hours off if the employer has family/friends to visit. Otherwise, friend is in the house, though not necessarily physically working 24 hrs, but on call. Friend is also woken on 2/4 occassions every night.

My friend knew this, and was happy to accept these difficult conditions.

After a couple of weeks working he sorted his social security payments with the help of the employer. He then learnt that due to the high payment he was earning 400e less per month than he was originally led to believe. Also, he agreed a 6 month contract. Employer wants to extend, as very happy with his work, but he does not want to. wants a break of a few months, as originally agreed, then willing to return.

Now he is being told he has no holiday entitlement as hasn't worked long enough. Is this right? Also employer wants him to sign a document guaranteeing his return after a few months break. If he does sign, is it legally binding?

I know this all sounds a bit crap, but he is from another EU country with massive unemployement, without formal qualifications, and is happy enough to work under these conditions.

I don't know, something doesn't sound right to me, particularly the no paid holidays. Is it posible he could have some kind of self employed contract with them?

If any of you could shed some light, would be most grateful.

[MrTumblesBavarianFanbase]

Germany generally has far better workers rights than the UK, including 28 days holiday minimum, and more bank holidays... People generally work hard during working hours but stick to them - presenteeism is much less common. No holiday leave entitlement sounds incredibly unlikely.

Generally I loathe Toytown, but this might be a place where it would be a better source of Germany specific information - www.toytown.de

[OneHolyCow]

germany.angloinfo.com/working/eu-factsheets-working/annual-leave-eu/ quick google result. Maybe because he's only been there since October, that seems right?

[fraggleland]

Thankyou so much for your replies. Yes, I wondered if you had to work a full year before you are entitled to holidays. He will have worked 6 months and presumed he would get 2 weeks holidays paid at the end.

[Welshcake77]

Legal minimum paid holiday entitlement is 20 days if working a 5 day week & 22 days if working a six day week and this would be pro ratared if only working for 6 months. However I don't know about holiday entitlement for live in/on call employment.
If he is paying his own social security contributions then it certainly sounds like he is self employed. But on the other hand you can't just be self employed in Germany, there is a bit if paperwork involved first. how dies he get paid? What about income tax?
I agree toytown might be more helpful in his case.

[mousmous]

you friend could post on toytown gemany. he guys there are very clued up.

you can't be self employed in germany if you only have one client.

but be warned, if you think of mumsnet as net of vipers, tt can be like a pit full of scorpions.