European Employment Law: A Guide for Hiring Managers

Hiring across Europe? Learn how to comply with European employment laws, draft contracts, and offer competitive benefits without the legal complexity.

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European Employment Law: A Guide for Hiring Managers
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Hiring in Europe comes with a wealth of opportunity: access to skilled talent, a highly mobile workforce, and a mature business environment. But it also means navigating a complex patchwork of different EU employment laws.

Each EU country applies its own labour laws on top of EU-wide directives, making it crucial for hiring managers to understand how rules around contracts, working hours, dismissal protections, and benefits differ across borders.

In this guide, we’ll help you unpack the key elements of European employment law, giving you the foundations you need to hire confidently and compliantly.

Why understanding EU labour law matters

For global companies, hiring in Europe is rarely one-size-fits-all. While the EU provides overarching protections and frameworks, such as the Working Time Directive and GDPR, each member state sets its own thresholds, enforcement models, and implementation timelines.

So while hiring in the region opens doors to growth, innovation, and diverse talent, it also demands an understanding of local employment standards to avoid costly missteps. 

That includes knowing when a contract must be in writing, how long a notice period must be, or what counts as unfair dismissal in a given country.

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Employment contracts in Europe: the legal foundation

Most EU countries require a written employment contract, often to be provided within a few days of the employee's start date. 

These contracts form the legal basis of the employment relationship and must meet minimum content standards under both EU directives and local legislation.

Below are the key elements that should be included in a compliant contract, along with what employers need to consider when hiring across EU jurisdictions.

Job title and responsibilities

Clearly define the employee’s position, scope of duties, and reporting structure. This sets expectations and helps avoid disputes over job performance or scope creep. In some countries, you may also need to outline the job grade or level if relevant to pay or benefits.

Salary and how it's paid

State the agreed salary - monthly or annual - along with currency, payment frequency, and whether it includes bonuses, commissions, or overtime compensation. In certain countries (e.g. Spain or Portugal), employers must clarify if the salary includes a 13th or 14th-month payment.

Working hours and location

Specify standard working hours per week, including start and end times if required by local law. If hybrid or remote arrangements are permitted, this should be included along with any expectations around in-office presence.

Paid leave entitlements

The EU mandates a minimum of four weeks' paid holiday per year, but many countries go further. The contract should list how much paid leave the employee is entitled to, along with any additional provisions for public holidays, sick leave, or other statutory leave types.

Notice period and termination terms

Each country has different statutory notice periods - and some vary based on tenure. 

A contract must specify how much notice both the employer and employee are required to give. It’s also important you don’t forget 

  • Applicable severance rules,
  • Termination processes 
  • Grounds for immediate dismissal if relevant. 

Probation period, if applicable

Many EU countries allow a probation period, but it must be explicitly stated in the contract. Clarify its length, any performance assessment criteria, and whether notice periods differ during this time.

Working time and overtime: what employers must offer

The EU’s Working Time Directive sets the baseline for how employers across Europe must manage working hours, rest, and leave. But as with most EU labour legislation, local implementation adds layers of nuance.

Maximum weekly working time

Across the EU, working time must not exceed 48 hours per week on average, including overtime. This average is typically calculated over a four-month reference period. Employers should keep clear records, especially where flexible hours or seasonal patterns apply.

Rest breaks and recovery time

Employees must receive at least 11 consecutive hours of rest within any 24-hour period, and at least 24 consecutive hours off every seven days. If a shift lasts more than six hours, a break is also mandatory, the length of which may be set by national rules.

Annual paid leave

EU legislation mandates a minimum of four weeks’ paid holiday each year. This entitlement cannot usually be exchanged for pay unless the employment ends before the leave is taken. Some countries or collective agreements offer five or six weeks as standard.

Night work restrictions

Employees working night shifts must not exceed eight hours in any 24-hour period. Those performing hazardous or high-risk work are subject to stricter limits. Night workers also have the right to health assessments and, if necessary, a transfer to daytime work.

Opting out of maximum hours

In several countries, workers may voluntarily opt out of the 48-hour weekly limit — but this must be recorded in writing, kept on file, and never coerced.

National differences in overtime

While the EU sets the framework, member states define overtime thresholds and compensation. In France, for instance, anything over 35 hours is overtime and must be paid at a premium — typically 25% for the first eight hours, then 50% thereafter. Many of these details are negotiated through collective agreements.

Minimum wage rules: no single standard

There is no EU-wide minimum wage. Instead, each country sets its own, and the differences between them are significant.

Wide variation in pay floors

As of the most recent figures:

  • Bulgaria: €477/month
  • Germany: €12.41/hour
  • Luxembourg: €2,571/month

These are statutory floors. In countries like Italy, Austria, and the Nordic states, collective bargaining agreements replace legal minimums and often offer higher protections.

Tracking changes and inflation

Minimum wages are regularly adjusted in line with inflation or political reform. Germany’s 26% jump from €9.82/hour to €12.82/hour between 2022 and 2025 highlights the need for employers to keep their pay policies under regular review.

Sector-specific agreements

In many EU markets, collective agreements govern not just wages but also job grades, allowances, and progression scales. These are legally binding in some jurisdictions and must be factored into salary setting.

Health and safety: the employer’s duty of care

Under the OSH Framework Directive, employers are responsible for identifying risks, implementing preventative measures, and ensuring safe working conditions. National legislation provides further detail depending on sector and role.

Key employer responsibilities

Employers must assess workplace hazards, provide safety training, and ensure equipment meets required standards. Where risks can't be fully eliminated, mitigation strategies must be clearly documented.

Industry-specific regulations

Additional rules often apply in sectors like construction, healthcare, or manufacturing. These may cover personal protective equipment (PPE), ventilation, exposure limits, and ergonomics.

Health monitoring and adjustments

Night workers, pregnant employees, and workers with disabilities may require medical screening or adjustments to their duties. Employers must demonstrate reasonable accommodation and sensitivity under both OSH and equality law.

Termination and dismissal: avoiding legal missteps

Employee protection against dismissal is one of the cornerstones of EU labour law. But how those protections are enforced depends entirely on national context.

Grounds for dismissal

Valid reasons typically fall into three categories: individual performance issues, disciplinary breaches, or business-related redundancy. In most countries, dismissal without cause is either prohibited or subject to high compensation risk.

Procedural requirements

Many jurisdictions require employers to follow a defined termination process, including:

  • Issuing written warnings
  • Offering opportunities to improve
  • Holding a disciplinary meeting
  • Providing formal notice in writing

Failing to follow the correct procedure — even if the reason is valid — can result in an unfair dismissal ruling.

Notice periods

Statutory notice periods vary significantly. In Germany, they increase with tenure, while in the UK and Ireland, they are more standardised. Contracts and collective agreements may extend these periods further.

Reinstatement and compensation

In some countries (e.g. France, Italy), dismissed employees may have the right to reinstatement if the dismissal is ruled unfair. Elsewhere, compensation may be awarded based on length of service, salary, or emotional distress.

Recruitment compliance: fairness and data protection

The legal obligations begin long before an employee signs a contract. Hiring processes are subject to both equality law and data protection regulations.

Anti-discrimination standards

The Employment Equality Directive prohibits discrimination based on:

  • Gender, sexual orientation, or marital status
  • Race, religion, or belief
  • Age or disability
  • Political opinion or trade union membership

These protections apply at every stage: job adverts, interview questions, candidate selection, and onboarding.

Inclusive hiring practices

To stay compliant, job descriptions should focus on skills and experience, not personal characteristics. Interview notes should be objective and retained only as long as needed.

Background checks and consent

While background screening is allowed, it must be proportionate and relevant. For example, credit checks may be justified for financial roles, but not general admin. Employers must inform candidates in advance, explain how data will be processed, and gain their consent under GDPR.

Data retention and storage

CVs, interview notes, and screening results should only be retained for as long as necessary — typically no more than six months if a candidate is not hired. Sensitive data must be stored securely and access restricted.

Leave and benefits: paid time off and pensions

EU labour law guarantees basic rights to leave, but national laws and workplace norms typically offer more generous terms.

Paid annual leave

Every employee in the EU is entitled to at least four weeks of paid holiday each year. This must be in addition to public holidays and cannot be substituted with pay, except when employment ends.

Parental and family leave

Across the EU, the following minimums apply:

  • 14 weeks of maternity leave
  • 10 days of paternity leave
  • Four months of parental leave per parent (two paid, two unpaid)
  • Five days of carers’ leave per year

In practice, most countries exceed these requirements. For example, Sweden offers up to 480 days of shared parental leave, much of it paid.

Statutory pension contributions

Pension systems vary widely, but most EU employers must contribute to a public or occupational pension fund on behalf of their employees. In Germany, employers pay 9.3% of an employee’s income toward the statutory pension system.

Social security obligations

Beyond pensions, employers may also be responsible for contributions toward healthcare, unemployment insurance, and accident coverage. These are mandatory, and failing to register or contribute correctly can trigger fines or liability.

European employment law: what hiring managers need to get right

Hiring in Europe opens doors to world-class talent, but it comes with a complex and highly regulated legal environment. EU-wide directives provide a shared foundation, yet it’s national law that shapes how employment contracts are written, benefits are administered, and terminations are handled.

To navigate this landscape effectively, hiring managers should:

  • Learn the basics of EU labour principles
  • Understand local variations before hiring in each country
  • Partner with compliance experts or an employer of record to avoid risk

Getting employment law right from day one is not just about compliance, it’s the first step in building a strong, sustainable international team.

Easily Compare European Employment Laws: Country by Country

Compare important employment differences such as termination notice periods, paid leave minimums, mandatory benefits to make smarter decisions when hiring from Europe with our OmniAtlas.

Explore the OmniAtlas here 

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Author
Stan Broome

Stan is a highly experienced attorney with 25 years of business + litigation expertise. At Omnipresent, he is the Co-General Counsel and Director of Litigation & Risk Management.