Employment Contracts in Germany: What to Check Before Signing

You should read your German employment contract, Arbeitsvertrag, before signing it—even if the employer is well-known, the job opening is long-awaited, and the terms sounded clear during the interview. The contract specifies the position, salary, working hours, place of work, vacation time, probationary period, sick leave policies, side jobs, and the Kündigungsfrist (notice period). It is precisely these terms that will be important later in the event of a dispute with your employer, when applying for a work permit at 10_PUBLISHED/content/en/How to Hire a Foreign Worker in Germany Procedures, Documents, and Employer Verifications, or when changing jobs.

If your German is still weak, ask for a draft of the contract in advance and take your time to review each section. It’s perfectly fine to ask HR questions, request corrections to inaccuracies, and compare the document with your offer letter or the correspondence following the interview.

Contract Format and Parties

In Germany, an employment relationship can begin even without a lengthy, multi-page contract, but the employer is required to confirm the essential terms under the Nachweisgesetz. In 2026, such a Nachweis can in many cases be provided in text form—for example, as a PDF or email—provided the document is accessible to the employee, can be saved and printed, and the employer requests confirmation of receipt. The employee may, however, request a written copy.

In the contract, check the following:

• the employer’s full legal name, address, and representative;
• your name, address, and date of birth;
• start date;
• position and department;
• signatures or any other required format for concluding the contract;
• A reference to the collective bargaining agreement (Tarifvertrag), company agreement (Betriebsvereinbarung), or service agreement (Dienstvereinbarung), if applicable.

Sometimes, the brand is one thing, but the actual employer is a different legal entity. This is important: it is the company specifically named in the contract that pays your salary, issues your Zeugnis, processes your Kündigung, and fulfills the employer’s obligations.

It’s best to formalize employment relationships in Germany not only through verbal agreements but also through a clear written document.

Starting Work and Contract Term

The start date is important not only for your first day of work. It determines your vacation time, Sozialversicherung, probationary period, length of service with the employer, and potential eligibility for Arbeitslosengeld.

If the contract is fixed-term (befristeter Arbeitsvertrag), it must include an end date or a clear condition for termination. Once the term expires, a separate notice of termination (Kündigung) is usually not required: the contract ends upon expiration unless it is renewed.

For foreign nationals, a clause is often included stating that employment begins only upon receipt of a work permit or a suitable residence permit (Aufenthaltstitel). Such a clause is standard, but it must be clearly worded: exactly when the contract begins, what happens if there is a delay in obtaining a visa, and whether the employer is obligated to wait.

Probationary Period: Probezeit

You need to look for the Probezeit specifically in the contract. If it isn’t mentioned, the short probation period does not apply automatically.

In a standard employment contract, not only is the duration of the Probezeit important, but also the notice period for termination during this period. According to § 622 BGB, during the agreed probationary period—which lasts for a maximum of the first six months—the contract can be terminated with two weeks’ notice, unless the contract or the applicable collective bargaining agreement (Tarifvertrag) provides for more favorable terms.

Don’t confuse:

• Probezeit — a probationary period included in a standard employment contract; after this period, the contract continues without requiring a new signature;
• befristeter Vertrag zur Erprobung — a fixed-term contract for a trial period, which ends on a specified date unless it is extended.

The phrase “Probezeit 6 Monate” does not in itself mean that the employer is required to issue a separate confirmation after six months. Usually, the employment relationship simply continues.

Position and Responsibilities

The section on job responsibilities should be sufficiently specific. This is especially important for immigrants, because the job title and job description may be verified when applying for a work permit, Blue Card, or other work authorizations.

Check this out:

• Does the job title match the job posting and the offer letter?
• Are the main responsibilities described?
• Does the employer have the right to transfer you to a different position?
• How broadly is a phrase like “andere zumutbare Tätigkeiten” defined?
• Are there business trips, on-site work at client locations, on-call duty, or shift work?

A description that’s too general gives the employer more leeway to assign tasks. But an overly narrow list of tasks can also hinder normal work if the role evolves. A good approach is a clear core set of responsibilities plus a reasonable provision for related tasks.

Whether you can refuse an additional task depends on the contract, the position, the employer’s Weisungsrecht, and the specific situation.

Salary and Benefits

The contract must specify the salary amount and the payment schedule. Make sure to check whether the amount is listed as brutto or netto. In Germany, salaries are almost always discussed and specified as brutto: taxes and social security contributions depend on your tax bracket (Steuerklasse), insurance, children, church tax (Kirchensteuer), the state you live in, and other factors. To estimate your take-home pay, use , the net pay calculator at, and up-to-date information specific to your situation.

Check the following in the contract:

• monthly or annual gross salary;
• the payday;
• Number of pay periods: 12, 13, or another option;
• Christmas bonus, vacation pay, bonuses, and the conditions for receiving them;
• Overtime pay for night shifts, Sundays, public holidays, or on-call duty;
• Overtime compensation: payment, Freizeitausgleich, or inclusion of part of the overtime in your salary;
• Non-cash benefits, company car, job ticket, relocation, or other benefits.

It’s best to compare salaries by profession, state, experience, and industry. The average salary in Germany is useful as a guideline, but it doesn’t replace the market conditions for a specific position.

If the position is needed for a work permit or a Blue Card, check not only the salary but also whether it meets the requirements of immigration law. The employer may not be responsible for your visa strategy, so it’s best to clarify any disputed issues before signing.

Working Hours and Overtime

A typical full-time position in Germany often ranges from 38 to 40 hours per week, but this is determined by the contract, the collective bargaining agreement (Tarifvertrag), and the work model. The document should clearly specify the weekly hours, the distribution of hours by day, the possibility of a flexible schedule, and the rules for tracking working hours.

According to the Arbeitszeitgesetz (Working Hours Act), the workday is generally limited to 8 hours. An extension to 10 hours is possible if, over a specified period, the average workday remains at 8 hours. Special rules apply to certain industries, on-call duties, and collective bargaining agreements.

Check this out:

• fixed hours or Vertrauensarbeitszeit;
• Working from home or remote work;
• Shift work, on-call duty, standby duty;
• Who approves overtime and how;
• Is overtime paid or compensated with time off?;
• Is there an Arbeitszeitkonto, and how is it settled upon termination?

Breaks are also regulated by law: for shifts longer than 6 hours but no longer than 9 hours, a break of at least 30 minutes is required; for shifts longer than 9 hours, a break of at least 45 minutes is required. Breaks are generally not counted as working time.

Workplace, Remote Work, and Business Trips

Your work address affects your commute, taxes, Feiertage, travel policies, and sometimes your visa documents. If the company has multiple branches, check whether your employer can transfer you to another city or require you to travel regularly.

In the contract or its attachments, you should check the following:

• primary place of work (Arbeitsort);
• Is working from home permitted, and for how many days a week?
• Is it possible to work from another country?;
• Are business trips, client visits, and overnight stays covered?
• Does the employer cover relocation expenses, a BahnCard, a Jobticket, or parking?;
• Which Feiertage apply when working in another state.

Example: An employee lives in Berlin but works in Hanover. For a workday in Lower Saxony, a local Feiertag may be relevant rather than the calendar for their place of residence. In the case of hybrid work, it’s best to clarify such issues with HR in advance.

Vacation

The minimum paid vacation under the Bundesurlaubsgesetz is 24 Werktage for a six-day workweek. For a standard five-day workweek, this corresponds to 20 working days. Many employers offer more—for example, 28–30 days—but this is determined by the employment contract, collective bargaining agreement, or company policy.

For minor employees, higher minimum standards apply under the Jugendarbeitsschutzgesetz:

Minimum vacation for employees under 18

Age at the start of the calendar year	Minimum vacation in Werktage
Under 16	30
Under 17	27
Under 18	25

You are first entitled to a full year’s vacation after six months of employment. Until then, you typically accrue a proportional portion of your vacation time. For part-time positions and Minijob, vacation is calculated based on the number of workdays per week, not the number of hours per day.

Formula for a five-day workweek:

Annual leave for full-time employees / 5 × the actual number of working days per week.

If an employee works 2 days a week, the legal minimum is: 20 / 5 × 2 = 8 vacation days per year.

If you become ill while on vacation, those sick days should not count as vacation days provided you have a valid sick note. The rules for carrying over unused vacation days depend on the law, case law, your contract, and whether your employer fulfilled its duty to inform you.

A separate article provides detailed information on the procedures for granting maternity and parental leave.

Sick Leave and eAU

If you become ill, you must immediately notify your employer that you are unable to work and specify the expected duration of your absence. This obligation applies even if you provide a medical certificate electronically.

For employees with public health insurance, the eAU system applies in most cases: the doctor transmits the Arbeitsunfähigkeitsdaten to the Krankenkasse, and the employer requests this information electronically. A paper copy is usually not required for the employer, but there are exceptions: private insurance, treatment abroad, private doctors, technical glitches, and certain special cases.

Under the Entgeltfortzahlungsgesetz (Continued Pay Act), a medical certificate is usually required if an illness lasts longer than three calendar days. The employer may require proof earlier—even from the first day—if this is stipulated in the contract or by a specific regulation. For more details, see and sick leave in Germany at.

Part-time Work and Nebentätigkeit

A second job or self-employment 10_PUBLISHED/content/en/Nebentätigkeit in Germany How to Start a Business Alongside Your Job is generally permitted, but it must not violate legal limits on working hours, interfere with your primary job, or create a conflict of interest.

The contract often includes an obligation to report Nebentätigkeit or to obtain the employer’s consent. The employer cannot arbitrarily prohibit any side job, but may object if it:

• competes with the company;
• uses the employer’s clients, data, or resources;
• violates the Ruhezeiten and Arbeitszeitgesetz;
• reduces work performance;
• contradicts the terms of your residence permit or work permit.

For foreign nationals, additional employment is a particularly sensitive issue: the Zusatzblatt attached to the residence permit may impose restrictions on the employer, working hours, or type of activity.

Termination and Notice Period

You should read the section on Kündigung very carefully. According to § 622 BGB, the standard statutory Kündigungsfrist for an employee is 4 weeks, effective as of the 15th of the month or the end of the calendar month. For employers, the notice period increases with the length of service at the company. The contract or Tarifvertrag may modify these terms, but not every reduction is permissible.

During an agreed-upon Probezeit, a two-week notice period may apply. After the Probezeit, the general contractual, collective bargaining, or statutory notice periods usually apply.

Important:

• Notice of termination (Kündigung) must be in writing; a regular email or instant message is not sufficient for termination;
• If your employer has terminated your employment, the deadline for filing a Kündigungsschutzklage (action for protection against unfair dismissal) is usually 3 weeks from the date you receive written notice of termination;
• Not every termination requires a prior warning (Abmahnung), but it often plays an important role in cases of misconduct;
• In small companies, during the first few months of employment, and in cases involving special employment statuses, the rules for employee protection differ;
• Pregnancy, parental leave (Elternzeit), severe disability (Schwerbehinderung), and the works council (Betriebsrat) may provide special protection against termination (Kündigungsschutz).

Don’t rely on the saying that “it’s almost impossible to get fired in Germany.” Labor protections are strong, but they rely on deadlines, documentation, and the courts. If you’ve already received a Kündigung, you need to act quickly.

What to Ask Before Signing

Before signing, go through this short checklist:

• Does the job title match the job opening and the purpose of your visa?
• Are the gross salary and pay date clear?
• Are bonuses specified, and are the conditions for their cancellation outlined?
• Are the Probezeit and Kündigungsfrist clearly defined?
• Are working hours and overtime rules specified?
• Are the terms regarding remote work, business trips, and the workplace clear?
• vacation time must not be less than the legal minimum;
• Is there a restriction on Nebentätigkeit, and how broad is it?;
• whether a collective bargaining agreement (Tarifvertrag) or a company agreement (Betriebsvereinbarung) applies;
• Check for any Vertragsstrafe (contractual penalty) or Rückzahlungsklausel (reimbursement clause) related to training or relocation without clear terms.

If a clause is unclear, ask for a written explanation of the wording in German. A verbal promise that “we don’t apply that here” is worse than a brief clarification in the contract or an appendix.

In Brief

A good employment contract (Arbeitsvertrag) does more than just confirm that you’ve been hired. It protects the expectations of both parties: what you do, where you work, how much you earn, your time off, what happens if you get sick, and how the contract can be terminated. For migrants, the contract is also linked to the residence permit for employment () and the work permit (), so reviewing it before signing saves a lot of time and stress later on.