Your first employment contract opens a relationship in which many questions remain open. Which rights apply from the start, what does the law say and what is only settled by your contract? This guide sorts the most important statutory rights at career start. It does not replace a review of your own contract, but it shows where to look more closely.
Short answer: At career start you have statutory leave rights under the German Federal Leave Act, which amount to at least 24 working days (Werktage) per year. The full entitlement arises after six months of employment. When the employment ends, you are entitled to a written reference (Zeugnis) under section 109 of the Trade Regulation Act. Further rights come from statute, collective agreements and your contract. Last updated: November 2026.
The Most Important Points at a Glance
- The statutory minimum leave is 24 working days per year.
- The full leave entitlement first arises after six months of employment.
- At the end of employment you may ask for a qualified reference, which also covers conduct and performance.
- A reference must be clear and understandable and may not contain hidden messages.
- Collective agreements and employment contracts can grant more rights, but not fewer than the law provides.
Which Rights Apply From the Start of the Contract?
Some rights arise straight away, while others depend on a waiting period. The question of whether your pay meets the statutory requirements, for example the national minimum wage, applies from the first working day. The level of the minimum wage changes from time to time. Current figures are published by the responsible federal authority, the Federal Ministry of Labour and Social Affairs, and not by older guides.
Leave: Entitlement and Waiting Period
Under section 3 of the Federal Leave Act, leave amounts to at least 24 working days per year. Under section 4, the full entitlement arises for the first time once the employment has lasted six months. For the period before that, and when you start during a year, the partial leave rule in section 5 applies. The calculation is explained step by step in the German guide Urlaubsanspruch im ersten Job: Wie viele Tage dir zustehen. Source: Federal Leave Act (Bundesurlaubsgesetz), sections 3 to 5, gesetze-im-internet.de (German text).
Reference: Entitlement, Form and Content
When employment ends, section 109 of the Trade Regulation Act gives you the right to a written reference. You can ask either for a simple reference, which states the nature and duration of your work, or for a qualified reference, which also covers performance and conduct. The reference must be clearly and understandably worded. It may not contain features or wording that aim at a statement other than the one visible from its form or wording. An electronic reference is only possible with your consent. Source: Section 109 of the Trade Regulation Act (Gewerbeordnung), on the work reference (Zeugnis), gesetze.legal (German text).
Request your reference early, ideally in the last few weeks of employment, so that wording can be discussed calmly. The German guide on reading references explains typical phrases: Arbeitszeugnis lesen: Was Zeugnisformulierungen wirklich bedeuten.
| Type of reference | What it contains | When you can request it |
|---|---|---|
| Simple reference | Nature and duration of the work | At the end of employment |
| Qualified reference | Also performance and conduct | At the end of employment, if you ask for it |
| Interim reference | Status during the employment | During ongoing employment; check the requirements in the German guide on interim references |
Illness and Continued Pay
In case of illness, your employer may be obliged to continue paying your salary under the Continued Pay Act (Entgeltfortzahlungsgesetz). Whether and when this applies depends on the length of employment and the requirements of that act. Report an illness early and clarify with HR which proof is required. Submit documents on time, because they form the basis for any continued payment.
Reviewing the Contract: Clauses With Consequences
An employment contract contains rules that stay with you well beyond probation. These include secondary employment, non-compete clauses and contractual penalties. Before you sign, check in particular which duties apply outside working hours. An overview of individual clauses is in the German guide Wettbewerbsverbot im Arbeitsvertrag: Was du prüfen solltest (in German).
Pay particular attention to wording on probation, notice periods, leave and overtime. If a rule is missing, the law applies first, but an explicit clause makes it easier to answer questions later. If something is unclear, ask for a written statement before you sign, so that you do not have to rely on verbal promises.
Probation: Rights Stay, Time Limits Change
The probation period is a phase in which both sides check whether the collaboration works. Rights do not disappear during this time, but some apply differently. Leave accrues proportionally during this period, and you can request a reference even if employment ends during probation. Which notice periods apply is set by the contract and the statutory rules, so read this section together with your contract rather than instead of it.
Working Time and Overtime
Whether overtime is paid or compensated with time off is set by the contract or a collective agreement. Keep a record of the start and end of your working time, even if your employer does not ask for it explicitly. Your own record helps you substantiate claims later if recollections differ.
Frequently Asked Questions
Do I have to claim my rights myself?
Statutory claims exist whether or not you pursue them. In practice, it is worth raising them in writing, for example for leave or a reference. Whether time limits apply follows from the contract or the collective agreement and should be checked.
What happens if the contract offers less than the law?
Statutory minimum rights cannot be reduced by contract. A clause that falls below the statutory minimum leave does not take effect in that respect. If you are uncertain, seek legal advice before you make a decision.
Do I need a lawyer if there is a problem?
Not every question needs legal representation. In a dispute about a reference, leave or dismissal, it can make sense to consult an employment law adviser or the works council. Trade unions also offer advice to their members.
Do these rights also apply part-time or in a mini-job?
The basic statutory rights generally also apply to part-time work. The scope and calculation can differ, for example when leave is counted in working days. Check your contract and ask if anything is unclear before you treat a figure as confirmed.
Where do I find current figures, such as the minimum wage?
The minimum wage and other reference values change regularly. Rely on official sources, such as the Federal Ministry of Labour and Social Affairs, and check the date of every guide, including this one.
What to Do Now
- Read your employment contract and mark leave, working time and secondary duties.
- Check whether a collective agreement applies and note which rules it contains.
- Document sick notes and leave arrangements in writing.
- Ask for a qualified reference early when your employment is about to end.
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- Accepting a job offer: take time and check the contract (in German)
- Career Start After University: Your Guide to the First Job
- Job Interview Tips: How to Make a Confident Impression
- Secondary employment next to your first job: what the contract allows (in German)
Sources: Federal Leave Act (Bundesurlaubsgesetz), sections 3 to 5, gesetze-im-internet.de (German text); Section 109 of the Trade Regulation Act (Gewerbeordnung), on the work reference (Zeugnis), gesetze.legal (German text).
Last updated: November 2026. This guide is general information, not individual advice.
