New answers tagged

0

About the second paragraph: this is perfectly normal. About the first paragraph: Yes and no. It is legal to have someone sign an overtime included contract, and it is legal to not pay for overtime according to that contract. Most tech and consulting firms do that for pretty much everybody holding a somewhat not-bottom-of-foodchain position. For a web ...


4

There is an unpleasant, but rather popular practice in Europe to include illegal and unenforceable clauses in a contract between unequal parties and also a clause stating that if a clause is found illegal and/or unenforceable, the remaining of the contract still holds. The burden of getting the unlawful clause to the court is on the side not liking it (and ...


8

Adding the legal sources of the work time part of the question to the other answers, but since I'm not a lawyer, I only cite the sources (in german), with a short, possibly incorrect translation. Source is the Arbeitszeitgesetz (ArbZG) ("work time law"): § 3 Arbeitszeit der Arbeitnehmer Die werktägliche Arbeitszeit der Arbeitnehmer darf acht Stunden ...


3

The answers above are half or fully wrong. First of all you have to distinguish between a "worker" position or a management position (that was correctly stated). Up to a certain amount a manager my be required to do overtime, without compensation (for a limited period of time). BUT: usually that is compensated with free time (not by law, but by contract ...


242

Both statements have been in courts and both have been ruled illegal and unenforceable. Overtime can be included in the "basic salary", but only if you are in management or similar positions where your basic salary is good enough anyway (currently >76.200€ p.a.). In addition, overtime can not be generally included, because basic contract law says you cannot ...


7

As far as the first statement goes, this is part of a lot contracts, but if you decide to take them to court probably wont stand, since this is not legal, a legal phrasing would be something along the lines of. As far as the operational conditions require, overtime is to be worked. Overtime working is already fully compensated up to N hours with the ...


3

You won't need travel insurance, nor a visa, to work in the UK currently. We're still in the EU which means you'll be covered by the NHS as standard. Nobody knows what will happen when we leave, not even the people pushing Brexit through the pipeline currently. Social insurance: As I keep my residence in Germany and stay here > 180 days this should not ...


1

Office rental might be expensive. The best deals on offices tend to be for longer (12 month+) durations and obviously the cost also varies dependent on location and facilities. There are a number of companies (e.g. Regus) which offer semi-permanent or shared space or hotdesks, although that may be unsuitable if you have much more than a laptop (it's a ...


1

These guidelines are useful to me in situations such as you describe, and in many others. They may be useful to you. I always try (with the very occasional lapse :-) ). To remember that anything I commit to a traceable non-deniable medium may be shared with person's unknown. (It may happen with untraceable and/or deniable media too, but that's another ...


3

Now my boss and the contact person of company B separate want me to explain my point of view. I hope you're being paid for that time. My question: What could follow for me from this? Possibly a bad reference. That's it. What duty have I after the end of the contract? Nothing (unless you signed a weird contract promising delivery). In other ...


2

As i see it, your only responsibility is according to your contract (for example notice period) If you work per hour with your employer, this is what you should be paid. To your employer`s customer you have no fiscal obligations. Customer can always be grumpy regarding the cost of their purchase - (everyone would like to get everything for free and ...


6

You personally can't normally be forced to finish the product. What your employer A might offer, is for you to get some extra payment to finish the product. But unless you have it written down in any kind of contract, A has no right to demand your working hours. If B or C are forced to pay anything at all, or A finds someone else to finish your task (which ...


11

There are multiple distinct issues in your question, but I think the whole situation is worth adressing as one. It seems like you are clearly being managed out. For context, in germany, it is not easy to fire an employee, and it is significantly harder to fire an employee with long tenure and no obvious brazen behavioral misgivings. Thus managers often ...


0

Since no other answer has put it simply... 11 physical hours is not the same as 11 work hours. (According to this Law SE answer) I imagine the company has something like 1 hour lunch and a 30 minute break (or two 15 minute breaks). I've had this setup in two different countries in three different industries, so I don't think this assumption is ...


0

As a fellow female working in IT I have found that groups with mostly men have a different social dynamic than mixed groups. This in itself is not a bad thing and you need to consider it when evaluating the situation. But it also is no excuse for making someone feel bad. So the first thing is to answer the question whether it is impacting you and your ...


1

I suggest to check how well the startup is holding its "startup promises". These generally are: You are allowed to work, at least part time, on your dream tasks that would not be so easily accessible for you in a normal company. You can learn things you want to learn and gain lots of experience. You are offered shares, but not some "options", "coupons" or ...


2

Everyone feels individually. If in a society like Germany someone calls someone of the opposite or even same gender hot (and nothing more) then you can discuss endlessly how sexist or only stupid or even harmless that was. This is not meant as a judgment what is wrong or right. But you should see that depending on the people around you and also the ...


1

Advice #1: Pick your battles. As an IT student in an IT company, your priority should be to learn skills related to your profession as much as you can, get good references for real jobs in the future, get good stuff to put in the resume. You aren't planning to stay in that company for years, are you? I mean, you said you're an IT student. So, long-term ...


11

My recent employer gave us a course to clarify German laws "for a given reason" and I will try to pass them on, as I've seen in some comments the same things that came up there. Let's begin with some kind of translation, which really isn't that easy. Werktag means a day that is usually worked on, seen for all the professions that exist. As Sunday is the ...


5

First of all, you should confirm that you are actually supposed to work from 07:00 to 20:00. It is quite possible that these are merely business hours, but you are only expected to work 8-9 hours within these 11 hours. It is quite possible that teams even have overlapping shifts to cover the whole range, or that you have a certain "liberty" of starting ...


4

It is illegal in both Germany and EU to work 11 hrs per day, and the company must know that already, I dont think they are dumb that much to tell you something like that because you can report the company. IMHO, the working hours are supposed to be 8 am till 7 pm it means the working hours that you are allowed to work within, you can work your 8 hrs ...


1

TL;DR I can't speak for German law, but in general a job offer is not the final step in the job-hunting process. What seems to be missing is active communication with the hiring manager or employer. If you have questions about the offer or the company culture, ask the employer rather than strangers on the Internet. Analysis [W]orking hours are supposed ...


7

I (male team lead and acting hiring manager) also find such comments annoying. The last few times somebody said something like this about a female colleague, i only said thing along the lines of: "I for my part appreciate her in the team since she seems smart and able to do the job" - most people got the message and kind of back - pedaled. The rationale is ...


4

Short Answer "you might state that you overheard a few sexist remarks and that this bothers you" - from the accepted answer by Frank Hopkins Do not say this. If you really do say something, talk about your feelings and how you took offense from an off-hand comment. They're your feelings. No one can argue against them. But do not label that behavior. ...


39

Working hours 8am to 7pm does not mean you work from 08:00 to 19:00. It means you are only allowed to work in this time frame. See also: Business hours "8-20" at a car dealer does not mean you have to buy cars for 12 hours, it means you can buy cars in this time frame.


64

It has already been pointed out twice in the comments, but not yet included in any answer: German offices jobs typically have an amount of hours you are expected to work each day (typically somewhere between seven and eight hours per day, or 35 to 40 hours per week) and a time frame during which you are expected to spend these eight hours (6 a.m. to 8 p.m. ...


2

Forget food benefits, that's maybe around 10€ per day, so around 2000€ per year. I think startups do that mostly for their many interns because if they pay them more the interns will have to start paying taxes. Usually you get free coffee, I haven't seen a company without a decent coffee machine that can also do cappuccinos and stuff like that. Free soda is ...


6

I agree with the concerns you've mentioned and it's quite understandable that you'd want to address it. Ideally it wouldn't fall to you to do that, but c'est la vie... One approach that's sometimes useful in addressing problematic behaviour is to frame it in terms of other people's perceptions, not the recipient's motivations: Hi Bob, I wanted to talk to ...


13

You missed the perfect time spot to get involved when you overheard the conversation. At that point you could have easily expressed discontent with the behaviour of your colleagues. Most of them will not see this as a big issue (taken for itself), so you bringing it up after the fact might feel weird for them and paint you as the annoying feminist no matter ...


24

How do I, a junior, discuss this issue respectfully with Bob, a senior, in a way that he understands the negative impact of his comment without coming off as "annoying" or "troublesome"? Silently, in your head while giving him a pointed stare. Nothing else will achieve your desired outcome of not appearing annoying, troublesome and an eavesdropper prepared ...


4

HI :)I can give a little insight in comparison to US startup culture. I think you are getting a pretty bad deal here. It isn't unusual to work many hours in a startup, but the there are supposed to be more potential benefits in the long run. LONGER DAYS: If you are a founder, or being paid a lot of equity, it is expected and necessary to work longer days. ...


9

The employer is also in breach of the European (EU) Working Time Directive, which limits you to 48hrs/week. Directives, unlike Regulations, must be signed into law by the member-state (Regulations are automatically binding).


163

It feels unethical and even immoral In Germany, it's illegal. As in against the law. The relevant sections are "Arbeitszeitgesetz (ArbZG)" §3: Die werktägliche Arbeitszeit der Arbeitnehmer darf acht Stunden nicht überschreiten. Sie kann auf bis zu zehn Stunden nur verlängert werden, wenn innerhalb von sechs Kalendermonaten oder innerhalb von 24 Wochen im ...


6

is it normal to be asked to work 11 hours/ day? No, not formally Any advice/thoughts other than run for the hills? No


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