Offshore Activity in Germany: Legal Guidance

In Germany, the Working Hours Act (“Arbeitszeitgesetz”) stands as a cornerstone in regulating daily and weekly working hours for employees in various sectors, encompassing blue and white-collar workers and apprentices. Under typical circumstances, a standard working week is structured around five days, with eight hours of work per day, allowing for a maximum of ten hours of work per day, as per the Act. However, this structure can be subject to flexibility, as company agreements or employment contracts may delineate how working hours are distributed.

German labour law stipulates that the average daily working hours should not exceed eight hours, even when Saturday is included as a working day. This regulation translates to a maximum of 48 hours per week over a period of six months or 24 weeks. Nevertheless, it’s important to note that these regulations do not extend to employees engaged in offshore wind farms within the German Exclusive Economic Zone (EEZ).

Recognizing offshore work’s unique challenges and demands, the law provides provisions for extended working hours. In the case of offshore wind farm employees, working hours can be extended to twelve hours per day. Furthermore, such employees are permitted to work on Sundays and public holidays. Nonetheless, it’s worth highlighting that employees on offshore wind farms are entitled to a minimum of 15 Sundays off from work per year.

However, these are not the only considerations regarding working time in offshore activities. Additional factors, such as night shifts, activities on Sundays and public holidays, and the time required for travel to reach offshore wind farms, introduce further intricacies into the equation.

At Schlun & Elseven Rechtsanwälte, our certified employment law experts are well-versed in these complexities and are equipped to assist your company in maintaining full compliance with German law. Our team combines a deep understanding of best practice guidelines with comprehensive legal services, ensuring that your offshore workforce operates within the bounds of the law and in the safest, most efficient manner.

For further insights or to inquire about our legal services, please do not hesitate to contact us. We support your offshore endeavours in adhering to German employment law while optimizing operational efficiency.

In the realm of offshore activities, employers shoulder a significant responsibility for safeguarding the well-being of their employees. This responsibility encompasses several critical areas, which are paramount in ensuring a safe and legally compliant work environment.

Occupational Health Care:

• Employers bear the responsibility of providing their employees with regular occupational health care. This vital service is essential for monitoring and preserving employees’ physical and mental health in offshore activities.

Safety in the Work Environment:

• The work environment must adhere to the highest safety standards. Employers are accountable for maintaining a secure, hazard-free workplace to mitigate risks and prevent accidents.

Work-Life Balance:

• Employees in offshore activities often work extended hours. Employers must strike the right balance between working hours and days off for rest. This includes granting additional time off as compensation for longer working hours, with a crucial emphasis on accurate documentation of such arrangements.

Legal Compliance:

• Employers must maintain up-to-date records and adhere meticulously to legal requirements. This diligence is the cornerstone of preventing potentially costly legal disputes in the future.

International Workforce Considerations:

• Since many offshore sector employees hail from diverse geographical backgrounds, including non-EU countries, employers must navigate the intricacies of visas and residence permits. The specific type of visa required depends on the work’s nature, the project’s duration, and the applicant’s country of origin. Germany provides a range of options under The German Skilled Immigration Act for bringing in experts from third countries.

At Schlun & Elseven Rechtsanwälte, our dedicated team collaborates closely with companies to manage their business immigration requirements, including visa and residence permit applications. Our seasoned professionals, with a team of business immigration lawyers, offer comprehensive support for all legal and bureaucratic activities related to such applications. Employers can trust our expertise to ensure a seamless and compliant process, facilitating the entry of skilled experts worldwide into their offshore activities.

At Schlun & Elseven Rechtsanwälte, we recognise the unique challenges faced by businesses engaged in offshore activities within German territorial waters and the Exclusive Economic Zone (EEZ). Our goal is to empower your organisation to maintain compliance with German employment law by sharing essential tips and best practices. We’ll also illuminate the potential consequences of non-compliance with the legal requirements.

Our lawyers offer our clients legal consultations where we outline the intricacies of German law and the unique dynamics of offshore operations. Legal consultation ensures a comprehensive grasp of your legal obligations and a clear path to compliance. We also provide clients with thorough due diligence services for those seeking to commence offshore operations around Germany. Our team will advise your business regarding all permits, licenses, and safety protocols that need to be in place. As experts in German environmental and labour law, our team will ensure your business is fully compliant.

In the area of employment law, our firm provides tailored legal advice whereby we advise clients on transparent and legally compliant employment contracts that align with the specifics of their offshore activities. Such employment contracts must define the specific terms, working hours, and compensation packages unique to our clients’ operations. Our team considers the particular aspects of offshore activities when drafting such contracts. We will also inform our clients about changes in German employment law, labour market trends, and evolving regulations that may influence their offshore operations.

As a full-service law firm, our team will also ensure that our clients are advised on matters of environmental law compliance. We advise on issues concerning proper waste disposal and adherence to emissions and wildlife protection standards. For example, offshore wind farms are often built in areas that can serve as habitats for various marine species. It’s essential to adhere to wildlife protection standards to safeguard local ecosystems, and not doing so can lead to significant legal and reputational consequences.

In case of employment and environmental disputes or legal challenges, our team will be ready to defend clients. Our firm offers conflict resolution support through the means of litigation, arbitration, negotiation, and out-of-court settlement. In offshore employment matters, our lawyers deeply understand the nuances specific to this sector, allowing us to provide practical, informed, and efficient guidance.