50 working hours per week. Is it legal?

Known as the Working Time Directive (WTD).  From memory, it's 48 hours average in a working week, over a reference period (can be 4, 6 or 12 months); time spent not-working (i.e. breaks and holidays) can be used to offset the average.  Some specific working groups can opt out, some are classified as mobile workers and fall outside the scope of the WTD.

Waits for corrections.

Thank you very much for your fast and helpful reply, Cynic.
The job title of my colleague is "Lagerist". Is he so-called "a mobile worker"?

If yes, I must be careful of what title the boss will give me....thank you very much ^^

Forgive my very rusty German; Lagerist = works in the warehouse ?  I very much doubt whether he/she would be a mobile worker, but I know nothing of his circumstances (reader beware).

I suspect the directive would apply to such people and from what you've described, I think there's not much wrong with the working practice as assuming they get them. the lunch breaks would be classed as non-working time and be used by the company to offset the 48 hour limit; so 6 days of 30 minute lunch breaks would reduce his working time from 50 to 47, thus under the limit.

One other point; it's down to the Boss to decide if he/she uses any non-working time to offset the Directive, the worker can not stop them doing it.

He told me his job title in his contract was Lagerist (storekeeper??).
However, I can see that he does many tasks other than the jobs of a storekeeper. He needs to do the delivery together with the driver as well. The mother of the boss called him to do tasks when he is having lunch, too. That's why he has only about 5 mins break per day.
Frankly, I am a bit worried to see how the bosses treat the full-time employees in this company. They are too "skilful" to take advantages of the grey areas.
That's why I'd like to learn more from his case.
Thanks a lot.

One other point; it's down to the Boss to decide if he/she uses any non-working time to offset the Directive, the worker can not stop them doing it. ==> OMG XD

Ms Immanuel wrote:

One other point; it's down to the Boss to decide if he/she uses any non-working time to offset the Directive, the worker can not stop them doing it. ==> OMG XD

Yep - if the contract states he gets 30 minutes lunch, then the boss is covered; aren't workers councils still the thing in Germany - certainly were when I lived there many years ago?

Ms Immanuel wrote:

He told me his job title in his contract was Lagerist (storekeeper??).
However, I can see that he does many tasks other than the jobs of a storekeeper. He needs to do the delivery together with the driver as well. The mother of the boss called him to do tasks when he is having lunch, too. That's why he has only about 5 mins break per day.
Frankly, I am a bit worried to see how the bosses treat the full-time employees in this company. They are too "skilful" to take advantages of the grey areas.
That's why I'd like to learn more from his case.
Thanks a lot.

It's been 5 years since I did this stuff and I've lost a few brain-cells since then.  There's something somewhere that decides where a worker becomes a mobile worker and falls out of the WTD;  it sounds like your friend may fall into that.  Also, some countries may have implemented it differently; what I'm quoting you is the UK interpretation of the EU WTD rules.

So I think he'd better get back his 20 mins break each working day because it's very probably this matter has never been mentioned in his contract.

Now I know better how to bargain with my boss. Thank you very much!

The German work duration law ("Arbeitszeitgesetz") and related regulations specify, among other things (and I simplify slightly):
- Regular work duration is 8 hours per workday maximum.
- If the work duration is 6 hours or more, a 30min break is mandatory.
- Another 2 hours a day overtime work is allowed, but must be compensated with free time within a certain period.
- More than 10 hours a day are only allowed in very few and very specific cases.
- Weekly work duration should be 48 hours or less.
- Work on Sundays or public holidays is only allowed in very few, specific cases and requires prior approval.
Since this is a law, the employer must actively stop their employees from violating it, otherwise they can be fined up to EUR15000 and/or imprisoned for a year. (Employees who follow such orders illegally can also get into trouble - apart from the medical problems such overwork often causes.)
If talking to the employer does not help, your colleague should consult the workers council or, if there is none, inform the relevant authorities.
(However, reality is that this will lead to a bad relationship with the employer. That's why most only dare to do it when they want to leave the company anyway.)

The explanation is very clear. Thank you very much for your kindly help.
I will tell my colleague all the above-mentioned information because it will save his ass.
And it explains everything - 9.9 out of 10 people who had worked in this company chose to leave. 
I think it's high time I consider looking for a new job....

Beppi covered the legalities well. There are some good laws to protect workers in Germany but the enforcement of such laws is not dependable. Sometimes there are loopholes and tricks or simply bad employers who make a business model out of misusing workers. One who believes the cliché’s that the trains all run on time in Germany and that the rule of law is strictly observed is in for a huge surprise.  This isn’t to say that Germany is as bad as or worse than many countries but don’t expect everything to be fair.

A “Lagerist” is not a store keeper but someone who stocks the shelves, in a store or warehouse. This might include unloading or loading trucks, sweeping floors or other physical demanding duties. These are exactly the kinds of jobs that get filled by foreigners without specific training or strong German skills. Being at the bottom of the ladder means hard work, poor pay and often conditions that violate regulations. Because of this, I often try to warn foreigners that while Germany is wealthy, don’t think just showing up means someone is going to share it with you. Even if one manages the legalities of immigrating, the work situation without good German and experience or training in a highly demanded field is not always going to result in a happy outcome.

A problem is that when one has such an abusive boss, then one really needs to find a new job. If one complains or takes legal action then they will undoubtedly be out of a job anyway rather than that they get better conditions. And many employers know that most workers don't have the knowledge, time or money to pursue legal actions.

I’m not sure what government office would even be responsible but one can usually not expect much help unless they get a lot of people making similar claims against the same employer. Yet this is the kind of thing that some TV journalists might investigate and a resulting mass action suit might bring a settlement. But this is of course the exception for extreme cases.

TominStuttgart wrote:

Beppi covered the legalities well. There are some good laws to protect workers in Germany but the enforcement of such laws is not dependable. Sometimes there are loopholes and tricks or simply bad employers who make a business model out of misusing workers. One who believes the cliché’s that the trains all run on time in Germany and that the rule of law is strictly observed is in for a huge surprise.  This isn’t to say that Germany is as bad as or worse than many countries but don’t expect everything to be fair.

A “Lagerist” is not a store keeper but someone who stocks the shelves, in a store or warehouse. This might include unloading or loading trucks, sweeping floors or other physical demanding duties. These are exactly the kinds of jobs that get filled by foreigners without specific training or strong German skills. Being at the bottom of the ladder means hard work, poor pay and often conditions that violate regulations. Because of this, I often try to warn foreigners that while Germany is wealthy, don’t think just showing up means someone is going to share it with you. Even if one manages the legalities of immigrating, the work situation without good German and experience or training in a highly demanded field is not always going to result in a happy outcome.

A problem is that when one has such an abusive boss, then one really needs to find a new job. If one complains or takes legal action then they will undoubtedly be out of a job anyway rather than that they get better conditions. And many employers know that most workers don't have the knowledge, time or money to pursue legal actions.

I’m not sure what government office would even be responsible but one can usually not expect much help unless they get a lot of people making similar claims against the same employer. Yet this is the kind of thing that some TV journalists might investigate and a resulting mass action suit might bring a settlement. But this is of course the exception for extreme cases.

It's damn right. Most of my colleagues walked away without taking any (legal) actions. Some quitted after working just for 2 months, some even just for 2 hours.  It's terrible.

Sorry, Tom, but unlike USA there is no mass-action suit in Germany. If you sue, you sue on your own (even if others sue the same employer for the same issue).
Other than that, your reply is an excellent description of the situation in reality. The best advice I can give (from own experience, unfortunately) is to walk away from a bad employer before it robs you of sleep or worse. A lawsuit (which will take many months or even years) usually worsens the psychological situation and prevents you from closing the chapter and starting afresh elsewhere.

beppi wrote:

Sorry, Tom, but unlike USA there is no mass-action suit in Germany. If you sue, you sue on your own (even if others sue the same employer for the same issue).
Other than that, your reply is an excellent description of the situation in reality. The best advice I can give (from own experience, unfortunately) is to walk away from a bad employer before it robs you of sleep or worse. A lawsuit (which will take many months or even years) usually worsens the psychological situation and prevents you from closing the chapter and starting afresh elsewhere.

I learn a lot from your conservations, thank you very much, beppi and Tom. When it's no a fair play, it's better to walk away. As a small potato, I think it's the key I could live here happier. Meanwhile I am dealing with my Reha's problems this week. I have been frustrated for about a couple of days and thinking why I kept meeting and overcoming problems here. Why can't some people here just let's others go easier? A win-win-situation is much better than a No-win situation, isn't it???

But never mind. Growing up comes from learning fast. By asking and listening to others' sharing, I believe at last I can find a way to live here happily. Thank a lot!

Well I am not a legal expert but I know there have been mass settlements in Germany. I don't know that one can privately file such a lawsuit but the government can bring action. Big companies like chain supermarkets have been found guilty of systematically violating workers’ rights and been required to compensate back pay and penalties to multitudes of workers.

Reporting most employers will bring nothing because it will be the rare situation that a government agency gets involved – and only for a large, ongoing, abuse. If one is in a union then it might be different. They have more influence to deal with employers directly or to get government agencies to react.

I also thought about the claim that there are no mass action suits in Germany and it is not technically correct - since I have had personal experience with at least 2 such situations.  They exist but are complicated and not usually worth one person’s personal effort. I own an apartment in a building with 10 apartments. We have had many conflicts with one of the other owners and have often had lawsuits – as a community of owners in the building – NOT as individuals.

Also, I invested money in a bio-gas facility. While it has not gone bankrupt it has failed to pay out the projected profits and has had to refinance a couple of times. There have been strong accusations of both mismanagement and false advertising as to their initial offering. One of the other investors has set up a legally recognized club (e.V) of investors in the facility to bring a class action suit.

As one of the investors, I am eligible to join the club and take part in the lawsuit – I am not automatically included. This means I would share costs of potentially losing such a case but also the possible payout. Other investors that don’t join could not share in such a payout but would seem to have a decent chance, if there is anything left to settle, to bring an additional suit.

I think this contrasts to situations in the US, for example, where a company could be sued for having a dangerous product. If the lawsuit is successful then anyone harmed by this product might be eligible to get compensated although they weren’t actively party to the suit.

The upshot is that a group rather than just individuals CAN be party to a lawsuit in Germany – but the group as such must meet certain legal requirements to be recognized as such.