Employment contracts and labour law
Full-time, part-time or a minijob: at work you have clear rights – from the minimum wage and paid holiday to continued pay when you are ill. Here you'll find the most important rules in plain words, with the matching sections of the law and a quiz to think along.
The six modules
- Everyday contracts (BGB)Online
- Employment contracts and labour lawYou are here
- Tenancy agreements and tenancy lawOnline
- Family and custodyOnline
- Jobcenter, objections and disabilityOnline
- Traffic and insuranceOnline
Module 2: Employment contracts and labour law
Eight cards on the moments that matter at work – from your first day to your reference. Each card gives you the German legal term, so you recognise it in contracts, letters and conversations.
1Employment contract and written statement
An employment contract is valid even when agreed orally. But the employer must give you the essential terms in writing: your duties, pay, working hours, holiday and notice periods. You get the details on pay and working hours on your first day at the latest, the rest within one month at the latest. Since 1 January 2025, text form such as an email that can be saved and printed is usually enough. In some sectors, for example construction, paper remains mandatory. Keep this statement safe.
2Probation
A probationary period may last at most six months. During this time either side can give two weeks' notice, to any day and without giving reasons. Even during probation, a dismissal needs paper and a signature. You have general protection against dismissal after six months with the employer, if more than ten people work there.
3Working hours, breaks and minimum wage
The statutory minimum wage applies to every working hour – for almost all employees aged 18 and over, including minijobs and temporary help. If you work more than six hours, you are entitled to a break of at least 30 minutes; for more than nine hours, 45 minutes. The break can be split into blocks of at least 15 minutes each.
4Calling in sick and continued pay
If you are ill, tell your employer immediately, ideally before work starts. If the illness lasts longer than three calendar days, you need a doctor's certificate; the employer may ask for it earlier. For people with statutory health insurance, the practice sends it electronically to the health insurer (eAU). After four weeks in the job, your employer keeps paying your full wage for up to six weeks; after that, the health insurer pays sickness benefit (Krankengeld).
5Paid annual leave
With a five-day week you are entitled to at least 20 paid days of holiday a year, with a six-day week to 24. This also applies pro rata to part-time work and minijobs: if you work two fixed days a week, you have at least eight paid days of holiday. You have the full entitlement after six months with the employer. If you fall ill on holiday and have a doctor's certificate, you get those days back.
6Dismissal: only on paper, court action within three weeks
A dismissal by WhatsApp, email, text message or fax is invalid. It needs paper with an original handwritten signature. If you think a dismissal is unfair, you must file a claim at the labour court (Arbeitsgericht) within three weeks of receiving it. If you miss the deadline, the dismissal is generally treated as valid. You can have the claim recorded free of charge at the court's legal application office (Rechtsantragstelle).
7Be careful with termination agreements
With a termination agreement (Aufhebungsvertrag), you and the employer end the employment by mutual consent. You give up your protection against dismissal, and the employment agency usually imposes a suspension of unemployment benefit of up to twelve weeks. So never sign on the spot: take the draft with you and get advice first. A termination agreement also needs paper and both signatures.
8Employment reference
When you leave, you are entitled to a written reference. On request, it also assesses your performance and conduct (qualified reference). It must be truthful and benevolently worded. Many phrases are coded grades: “always to our fullest satisfaction” means very good, “made an effort” means a poor assessment. You can ask for an interim reference if there is a good reason, such as a new manager.
Quiz: test your knowledge
Twelve questions from working life. Tap an answer – then you'll see the explanation with the matching section of the law.
Question 1On Sunday evening your boss writes to you on WhatsApp: “You're fired as of tomorrow.” What applies?
Correct.The right answer: It is invalid: a dismissal needs paper with an original signature. A dismissal must be in writing, on paper with a handwritten signature (§ 623 BGB). WhatsApp, email or text messages are not enough. Keep offering your work and get advice.
Question 2You receive a written dismissal that you think is unfair. How long do you have to file a claim for protection against dismissal?
Correct.The right answer: Three weeks from receiving the dismissal. The deadline is three weeks from the day you received the dismissal (§ 4 KSchG, Dismissal Protection Act). After that, the dismissal is generally treated as valid (§ 7 KSchG). The legal application office at the labour court records your claim free of charge.
Question 3In your minijob you regularly work on two fixed days a week. Are you entitled to paid holiday?
Correct.The right answer: Yes, to at least eight paid days of holiday a year. Minijobbers are employees with full rights. The minimum holiday is calculated pro rata: 24 working days for six working days a week, which comes to eight days for two days a week (§ 3 BUrlG, Federal Holidays Act).
Question 4You are ill for five days during your holiday and have a doctor's certificate from day one. What happens to those days?
Correct.The right answer: They are not counted as holiday – you get them back. Days of illness certified by a doctor are not deducted from your annual leave (§ 9 BUrlG). Report sick immediately, as on a normal working day. You may not extend your holiday on your own – you take the days again later.
Question 5Your employer puts a termination agreement on the desk and wants you to sign it right away. What is the biggest risk?
Correct.The right answer: A suspension of unemployment benefit of up to twelve weeks – and your protection against dismissal is gone. If you help end your own employment, the employment agency usually imposes a suspension of up to twelve weeks (§ 159 SGB III). You also give up your protection against dismissal. You don't have to sign right away: take the draft with you and get advice.
Question 6You have agreed a six-month probationary period. What notice period applies during this time?
Correct.The right answer: Two weeks, to any day. During probation, for at most six months, a notice period of two weeks applies to both sides (§ 622(3) BGB). The dismissal must be in writing here too. A collective agreement can set different periods.
Question 7You have worked at a company for six months and are signed off sick for four weeks. Who pays your wages?
Correct.The right answer: The employer – your full wage for up to six weeks. After four weeks of employment, the employer keeps paying 100 per cent for up to six weeks of illness (§ 3 EFZG, Continued Remuneration Act). Only after that does the health insurer pay sickness benefit, about 70 per cent of gross pay.
Question 8You work eight hours a day. What is the minimum break you are entitled to?
Correct.The right answer: 30 minutes. For more than six and up to nine hours of work it is at least 30 minutes, for more than nine hours 45 minutes (§ 4 ArbZG, Working Hours Act). The break can be split into parts of at least 15 minutes. Working more than six hours in a row without a break is not allowed.
Question 9At the end of the month your boss demands 15 hours of unpaid overtime. Your contract says nothing about it, and there is no emergency. Do you have to?
Correct.The right answer: No – without a rule in your contract or collective agreement there is no duty to work overtime, and overtime that is ordered must be paid. A duty to work overtime only arises from the employment contract, a collective agreement, a works agreement or genuine emergencies. If the employer orders or tolerates overtime, it generally has to be paid (§ 612 BGB). Write down your hours precisely – that is your evidence.
Question 10A reference says: “Er hat sich stets bemüht, den Anforderungen gerecht zu werden” (he always endeavoured to meet the requirements). What does it mean?
Correct.The right answer: A poor assessment – roughly grade 5 (inadequate). In reference language, “always endeavoured” means: he tried, but the performance was not enough. A reference must be truthful and benevolent (§ 109 GewO, Trade Regulation Act). If your reference contains such a phrase and your performance was better, you can ask for a correction – get advice on it.
Question 11You are offered a fixed-term contract without an objective reason. How long may it run at most?
Correct.The right answer: Up to two years in total, with at most three extensions. A fixed term without an objective reason is allowed for up to two years; within that time it may be extended at most three times (§ 14(2) TzBfG, Part-Time and Fixed-Term Employment Act). The fixed term must be agreed in writing before work starts, otherwise the contract counts as permanent. The federal government plans to extend these limits; until a new law comes into force, the rule described here applies.
Question 12Your wages were due at the end of the month. On the 15th of the next month there is still nothing. What is a good first step?
Correct.The right answer: Ask for payment in writing with a clear deadline – and keep an eye on the deadlines in your contract. From the due date the employer is automatically in default, and you can claim default interest (§§ 286, 288 BGB). A written demand with a deadline creates clarity and serves as evidence. Watch out for exclusion periods (Ausschlussfristen) in your employment or collective agreement: you often have to claim unpaid wages in writing within three months, or they lapse.
What you can do now
- Ask for the written statement of your working conditions and keep it together with your contract.
- Note your working hours, breaks and overtime briefly every day, for example in the calendar on your phone.
- When you are ill, let your employer know immediately before work starts and keep a dated record of it.
- If you are dismissed, note the day you received the letter and put the three-week deadline in your calendar.
- Take a termination agreement home and sign it only after getting advice.
Personal advice
Trade union (Gewerkschaft): members get legal advice and legal representation all the way to the labour court. You'll find an overview of the unions at the German Trade Union Confederation (dgb.de, in German).
Legal application office at the labour court (Rechtsantragstelle): there you can have a claim against dismissal or for unpaid wages recorded free of charge. At first instance you can represent yourself.
Faire Integration: advice for migrants and refugees on pay, working hours, dismissal and accommodation – free of charge and in many languages (faire-integration.de).
Sources
This guide gives you general orientation on German law. For your specific case, an advice centre or a lawyer is the right place to go.
