A common point of contention between employees and employers is the calculation of vacation pay to be granted to the employee during their vacation. Since the basis for calculating vacation pay is the average wage paid to the employee in the last thirteen weeks before the start of the vacation, the issue of which wage components should be included in the average wage is frequently the subject of legal disputes.
Temporary workers generally have a right to equal pay and the same working conditions as the permanent staff of a company. However, this right is often not enforced in practice.
A waiver of claims in a termination agreement drafted by the employer is subject to a review of its content under Section 307 of the German Civil Code (BGB). If such a waiver is included in a standard termination agreement that is concluded to avoid an extraordinary dismissal threatened by the employer, this waiver unfairly disadvantages the employee in the sense of Section 307 (1), (2) No. 1 BGB if a reasonable employer should not have seriously considered the threatened dismissal.
