Labor rights and protection against exploitation in Berlin

Minimum wage

According to the Federal Government, the statutory minimum wage has been 13.90 euros gross per hour since 1 January 2026 and rises to 14.60 euros on 1 January 2027. The Minimum Wage Commission proposes the adjustment every two years; the Federal Government implements it by ordinance. The minimum wage applies to employees aged 18 and over; exceptions concern, among others, long-term unemployed people in the first six months after returning to work (sector minimum wages apply immediately). Enforcement lies with the Finanzkontrolle Schwarzarbeit (FKS, Customs Financial Control Unit for Undeclared Work) of the Federal Customs Administration; sanctions up to 500,000 euros in fines (Federal Government). Working hours must be recorded and kept for two years in certain sectors and for mini-jobs; the mini-job threshold is 603 euros monthly (2026) or 633 euros (2027) (Federal Government, FAQ on the minimum wage). § 3 MiLoG: agreements that fall below the entitlement or restrict or exclude its assertion are invalid to that extent; waiver only through a court settlement; forfeiture excluded. § 2 Abs. 1 MiLoG: due date at the agreed time, at the latest on the last banking day (Frankfurt am Main) of the month following the month in which the work was performed. The claim can, according to the Federal Government, be enforced at the labor court. Minimum wage hotline: 030 60 28 00 28, Mon to Thu 8am to 8pm.

Employment contract and documentation

Under § 2 NachwG, the employer must record the essential contract terms in writing, sign them, and hand them over: name and address of the parties, pay and working hours at the latest on the first day of work; start, duration, probationary period, etc. at the latest on the seventh calendar day after the agreed start; the remaining details (15 minimum contents in total, including place of work, duties, leave, notice periods, collective agreements) at the latest one month after the agreed start. On whether electronic form is sufficient: the version read at retrieval names a possibility of electronic text form with consent; please check the wording in the statutory text. Legal consequences for a violation (e.g. a fine): no confirmed information is available for this.

Dismissal and filing deadline

Dismissals and termination agreements require written form; electronic form is excluded (§ 623 BGB). The statutory notice period is four weeks to the 15th or to the end of a calendar month; during an agreed probationary period (at most six months), two weeks (§ 622 Abs. 1, 3 BGB). Extended periods based on length of employment and special rules: no confirmed information is available for this (paragraphs 2 and 4 to 6 not confirmed). Under § 4 KSchG, anyone who wants to assert that a dismissal is socially unjustified or legally invalid for other reasons must "innerhalb von drei Wochen nach Zugang der schriftlichen Kündigung Klage beim Arbeitsgericht auf Feststellung erheben, dass das Arbeitsverhältnis durch die Kündigung nicht aufgelöst ist" (file suit at the labor court within three weeks of receiving the written dismissal to establish that the employment relationship was not terminated by the dismissal). For dismissals requiring approval from an authority, the deadline begins only when the authority's decision is announced. If the invalidity is not asserted in time, the dismissal is treated as legally valid from the start (§ 7 KSchG). Socially unjustified dismissals are only invalid under § 1 Abs. 1 KSchG if the employment relationship has existed without interruption for more than six months.

Procedure in Berlin

The Arbeitsgericht Berlin has its Rechtsantragstelle at Magdeburger Platz 1, 10785 Berlin (rooms 129 to 141, 1st floor); open Monday to Friday 8:30am to 1:00pm, Thursdays additionally 3:45pm to 5:00pm (late office hours). The office records "Klagen" (lawsuits) and "alle sonstigen Anträge" (all other applications) on the record (including applications for a payment order). Use is free of charge. Bring all documents relating to the employment relationship in copy (employment contract, dismissal letter, pay slips, details of the employer). "In der Rechtsantragstelle findet keine Rechtsberatung statt. Es werden keine allgemeinen Rechtsauskünfte gegeben" (no legal advice is given at the Rechtsantragstelle; no general legal information is provided). Court fees, cost allocation in the first instance, and Prozesskostenhilfe (legal aid): see the page on lawyers and Beratungshilfe; no confirmed information is available for this here.

Advice in Berlin

The Berliner Beratungszentrum für Migration und Gute Arbeit (BEMA, Berlin Advice Center for Migration and Fair Work) at Arbeit und Leben Berlin-Brandenburg DGB/VHS e. V. offers "arbeitsrechtliche Beratung für prekär beschäftigte Migrant*innen und mobile Arbeitnehmer*innen" (labor-law advice for precariously employed migrants and mobile workers) on employment contracts, pay, and dismissal, as well as on labor exploitation and forced labor, among others for people working in cleaning, construction, hospitality, and delivery services. Address: Lorenzweg 5, Aufgang A, 1st floor, 12099 Berlin; phone 030 5130 192 69; email [email protected]. For a labor-law advice appointment, prior arrangement is requested. Languages according to the website: German, English, French, Polish, Russian, Romanian, Bulgarian, Arabic, Ukrainian. Costs and confidentiality are not stated on the available pages; another source names the service as free and low-threshold (not confirmed on the page itself). Addresses and phone numbers are not given on the named overview page: no confirmed information is available for this.

Gaps