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1. Collective agreementsIn some branches, there are also collective labour agreements (Tarifvereinbarungen),based on the Act on Collective Agreements (Tarifvertragsgesetz – TVG). These collectiveagreements are concluded between Unions of the employees and employer’s associationsand are usually only binding for the contracting parties. Though, non-memberparties can refer to a collective agreement. However, it is possible, that collectiveagreements are binding all employees of a branch, regardless of whether the employeesor employers are a member of the Union (so called: branch- level collective agreement/allgemeinverbindlicherTarifvertrag). There are for example branch- level collectiveagreements for the branches of catering industry, hotel business and construction.These collective agreements normally contain terms of paying, working conditions andworking hours. They apply automatically to the employment contract. Therefore notwithstandingregulations are hardly possible.2. Workers councilIn companies with at least five employees, the Work Constitution Act (Betriebsverfassungsgesetz– BetrVG) authorizes the employees to elect workers council (Betriebsrat).The workers council is representing the needs and interests of the employees. Thereforeit negotiates and agrees with the employer on so called agreements of work (Betriebsvereinbarungen).These often contain modalities of participation of the workerscouncil, on termination and working hours. Agreements of work are binding the employerbut are only applicable for the employees within the establishment. Workers council alsoneed to be involved in case of giving notice to an employee, though its decision is notbinding for the employer.3. Principle of Equal TreatmentAs the employer is obliged by the General Equal Treatment Act to treat all employeesthe same way, the latter do have a right of the same treatment if they are treated unequallyand there is no objective reason for that.4. Employment ContractThe written employment contract between the employee and the employer must containthe key aspects of the employment relationship, such as contracting parties, work to perform,gross salary and benefits, vacation, starting date of employment, notice periods,extra hours. If the employer will be represented for example by a human resourcesmanager, it is recommendable for the employer to point that out to the employee and26