Many people sign their first employment contract quickly because the job matters to them and they do not want to seem difficult. That is exactly when a careful read pays off. A work contract (in German: Arbeitsvertrag) sets out pay, working hours, leave and termination, and several of these points have statutory minimum content or limits. This guide shows which clauses you should check and what German law says about them.
In short: Your employer must give you the essential terms of your contract in writing, including pay, working hours, leave and notice periods (section 2 of the German Nachweisgesetz, the Evidence of Employment Terms Act). A probationary period may last at most six months, and during it the notice period is two weeks (section 622 para. 3 German Civil Code, BGB). Last updated: October 2026.
The most important points in brief
- Your employer must record the most important contract terms in writing.
- The probationary period may last at most six months, and the notice period during it is two weeks.
- After probation, you can usually give notice with four weeks to the 15th or to the end of the month.
- The full statutory leave entitlement arises after six months of employment.
- If you are ill, your employer continues your pay for up to six weeks once the job has lasted four weeks.
What the contract must contain at minimum
Under the German Evidence of Employment Terms Act, your employer must give you a written statement of the essential conditions. It covers the names and addresses of the parties, the start date, place of work, job description, probation, pay, working hours, overtime, leave and notice periods. This statement is more than a formality, because it shows what has been agreed as binding.
| Clause | What to check | Legal basis (Germany) |
|---|---|---|
| Pay | Amount, due date, supplements, bonuses and their conditions | Nachweisgesetz (section 2) |
| Working hours | Weekly hours, timing, breaks, shift pattern | Nachweisgesetz (section 2) |
| Overtime | Whether it can be ordered and under which conditions | Nachweisgesetz (section 2) |
| Leave | Number of leave days per year, waiting period | Nachweisgesetz (section 2), BUrlG (section 4) |
| Probation | Length and notice period during probation | BGB (section 622 para. 3) |
| Termination | Written form, notice periods, time limit for a claim against dismissal | BGB (section 622), Nachweisgesetz (section 2) |
| Illness | Continued pay and the duty to provide a certificate | EFZG (section 3) |
Probation and notice periods
The probationary period is a phase in which both sides can end the employment more quickly. Under section 622 para. 3 BGB it may last at most six months, and during it the notice period is two weeks. The law does not provide for a longer probation with this shortened period. A shorter probation can sometimes be negotiated.
After probation, your own notice period is generally four weeks to the 15th or to the end of the month (section 622 para. 1 BGB). For your employer, the period grows with the length of employment, as the table shows. Your contract may also not set a longer notice period for you than for your employer (section 622 para. 6 BGB). Collective agreements can deviate.
| Length of employment (from) | Employer notice period, to the end of a month |
|---|---|
| 2 years | 1 month |
| 5 years | 2 months |
| 8 years | 3 months |
| 10 years | 4 months |
| 12 years | 5 months |
| 15 years | 6 months |
| 20 years | 7 months |
Assumption: You have worked at your company for three years. Then your employer must give one month’s notice to the end of a month. The two-month period only applies from five years.
Leave, illness and overtime
The full statutory leave entitlement arises only once the employment has lasted six months (section 4 BUrlG). If you leave earlier, you receive one twelfth of the annual leave for each full month (section 5 BUrlG). Assumption: You start on 1 April and have 30 days of leave a year. You then reach the full entitlement around the beginning of October.
If you fall ill, your employer continues your pay for up to six weeks (section 3 EFZG). However, the entitlement arises only after four weeks of uninterrupted employment. Assumption: You become ill in the fifth week of your first job. Then you are entitled to continued pay.
If the contract says nothing about overtime, ask. Where extra hours are agreed, the statement must say whether and under which conditions overtime can be ordered. How overtime is paid is explained in the guide on overtime at the start of your career (in German).
Clauses you should look at more closely
- Repayment clauses: If the contract obliges you to repay training costs, check the amount, the length of the commitment and the conditions.
- Time limits for claims: Many contracts require claims to be raised in writing within short deadlines. Note that date.
- Reservation of discretion: A special payment that is expressly voluntary creates no secure entitlement. Check whether the contract makes it a right.
- Side jobs: Whether and to what extent you may work on the side should be clearly regulated.
- Post-contract non-compete: It is valid only under certain conditions and generally has to be paid for.
Frequently asked questions
Do I have to sign the contract straight away?
No. You may read the contract calmly and ask questions. You can politely ask for time to think. Do not sign anything you do not understand. If in doubt, trade unions, chambers of labour or a specialist lawyer for employment law can help.
Is a six-month probation normal?
Six months is the statutory maximum for the shortened two-week notice period (section 622 para. 3 BGB). Shorter probations are possible, and whether you can negotiate one depends on the role and the employer.
Does a collective agreement apply to me?
That depends on whether the employer is bound by a collective agreement, or whether the agreement was made part of your contract. The statement must refer to the applicable collective agreements (section 2 Nachweisgesetz). Ask specifically which agreement applies and request the text.
What if the written statement is missing?
Providing the statement is a legal duty of the employer. Request it in writing and set a reasonable deadline. Under the Nachweisgesetz, certain details must be handed over no later than the first working day, others by the seventh calendar day, and the rest within one month of the start.
What to do now
- Read the whole contract and mark pay, working hours, probation and termination.
- Compare the details with the job description and the written statement.
- Ask about anything unclear and have changes confirmed in writing.
- Note the end of probation and the deadlines for any claims.
- Keep all documents, including the statement and any collective agreement.
Related guides (in German)
- Probezeit: Kündigung, Urlaub und Krankenversicherung
- Erste Gehaltsabrechnung verstehen
- Jobwechsel in der Probezeit
- Sozialversicherungsausweis und Rentenversicherungsnummer
- Berufseinstieg nach dem Studium (in German)
Sources: Nachweisgesetz, section 2 (German law, accessed October 2026), Section 622 BGB, notice periods (German law, accessed October 2026), Section 4 BUrlG, waiting period (accessed October 2026), Section 3 EFZG, continued pay (accessed October 2026).
Last updated: October 2026. This guide is general information, not individual advice.
