Germany Update: What’s New: Labour Law 2024

This article shows new important labour law updates – without claiming to be exhaustive – the most important ones.

You don’t talk about money – or do you?

As of 1 January 2024, the statutory minimum wage has risen from 12 euros per hour to 12.41 euros per hour; the minimum training wage has also been increased. At the same time, the salary threshold for mini-jobs rose from 520 euros to 538 euros.

Until the end of 2024, the legislator will open up the possibility for employers to grant their employees a tax- and duty-free so-called inflation compensation bonus up to an amount of 3,000 euros. There may be a need for advice on the implementation (under labour law).

There are also changes to children’s sickness benefit. From 1 January 2024, the statutory health insurance companies will generally grant each parent child sickness benefit for a maximum of 15 working days per child. Single parents receive corresponding salaries for up to 30 working days. However, the payment presupposes that the employer is not already obliged to continue to pay remuneration under the employment contract.

Sick leave by telephone

Speaking of illness: Since December 2023, patients have been able to make use of the telephone sick note known from the pandemic period. However, this applies within narrow limits: the certificate may be issued for a maximum of five days and, in particular, only if there are no severe symptoms and the patient is already known in the practice. Good to know: Parents can also receive a certificate of their children’s illness in this way. This is required for the receipt of child sickness benefit.

Employment Compliance: Supply Chain Due Diligence and Whistleblower Protection

Companies with at least 1,000 employees have been covered by the Supply Chain Due Diligence Act since 1 January 2024. This obliges companies to observe certain human rights and environmental due diligence obligations in their supply chains in addition to their own business area. However, small and medium-sized enterprises can also be affected, at least indirectly, if they are part of the supply chain of companies that fall within the scope of the law.

At the end of 2023, the scope of application of the Whistleblower Protection Act was also expanded. Since then, even smaller companies with usually at least 50 employees have been obliged to set up and operate so-called internal reporting offices, where whistleblowers can report grievances in the company. In this context, there is also a need for advice with regard to data protection law and possible co-determination rights of the works council. It is strongly recommended to comply with the obligations arising from the law, as there is a risk of fines.

Immigration of skilled workers

Since the end of last year, the Skilled Immigration Act has gradually come into force. This includes numerous innovations that are intended to make it easier for well-trained specialists to reside and work in Germany. For example, the requirements for obtaining the so-called EU Blue Card have been reformed. Finally, in the course of the year, the regulations on the recognition of foreign professional qualifications in particular will change. In addition, the so-called opportunity card is introduced.

Is the home office coming for everyone (after all)?

Also in the context of the shortage of labour and skilled workers, the Federal Ministry for Economic Affairs and Climate Action is currently planning reforms for the labour market and, in the course of this, is also examining the possibility of a legal entitlement of employees to flexible working, such as home office (which has already been discussed several times). Currently, there is no legal entitlement to work from home.

Recording of working hours

It is unclear whether the planned changes to working time law will be launched in 2024. In any case, companies should keep themselves up to date here. The start, end and duration of daily working hours must already be recorded in an objective, reliable and accessible system.

By MELCHERS, Germany, a Transatlantic Law International Affiliated Firm.

For further information or for any assistance please contact germanylabor@transatlanticlaw.com

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