Your Employment Contract in Germany: What It Must Say

This guide is for internationals who have recently moved to Germany and have just been offered a job, or are about to start one. After reading it, you will know what your employment contract or written proof of working conditions has to contain, and how the rules on probation, working hours, holiday, notice periods and fixed-term contracts work.

• Written contract or written proof
• What the contract must say
• Probation and notice periods
• Working hours, breaks and overtime
• Holiday entitlement
• Fixed-term and part-time contracts
• FAQ

Written contract or written proof

Whether you are entitled to a written contract depends on the type of contract. According to Handbook Germany’s guide to employment contracts, the rules are:

• Fixed-term contracts: you must receive a written contract before you start working. If you get no contract, or receive it later, the time limit is not valid and you are entitled to a permanent contract.
• Permanent contracts: a written contract is not mandatory and the agreement can first be made orally. Even so, the employer must give you written proof of your working conditions no later than one month after you start.

Handbook Germany stresses that without a contract or this written proof, you are not legally protected if problems arise later. Many workplaces are also covered by a Tarifvertrag (collective agreement), negotiated between employers and Gewerkschaften (trade unions). These agreements regulate working conditions such as hours and pay for a company or a whole industry, and the page notes that they are generally more favourable to employees than conditions in workplaces without one.

What the contract must say

The written proof of working conditions should set out, among other things:

• the start date and duration of the employment
• a brief description of your tasks
• your wages
• your weekly working hours
• the notice period

Your pay may not fall below the statutory minimum wage (Mindestlohn), which applies to adult workers and many interns and is adjusted every year. Some groups are excluded, including interns on a mandatory internship (Pflichtpraktikum), volunteers and people on certain Employment Agency or Jobcentre schemes. Apprentices in an Ausbildung (vocational training) have their own minimum pay.

Your employer may give you tasks beyond those listed in the contract, but only if they are legal and safe, relevant to your actual job and in line with your qualifications. If the contract or collective agreement requires you to report a Nebentätigkeit (side job), you must do so. Handbook Germany’s page on labour rights warns that failing to report one can lead to an Abmahnung (formal written warning) or dismissal.

Probation and notice periods

A Probezeit (probationary period) is common in German contracts, but neither source page explains how long it may last or which notice applies during it. Read the terms in your own contract or collective agreement. The same applies to notice periods in general: the pages say the notice period belongs in the written proof of working conditions, but they do not state any statutory notice periods. Your contract, your collective agreement and the law decide this, and a counselling centre can explain how they apply.

A formal warning comes before many dismissals. To be valid, an Abmahnung must describe the alleged misconduct precisely, concern a serious breach of the contract and be presented to you. If you think it is unjustified, you can write a Gegendarstellung (written reply), which is filed with the warning in your personnel file. When the job ends, you are entitled to a job reference.

Working hours, breaks and overtime

As a rule, you may not work more than 8 hours a day. For short periods you can work up to 10 hours, but the extra hours must be balanced out with time off within six months. Breaks become compulsory once the working day passes a certain length, with stricter rules for minors. Break time does not count as working time and is usually unpaid. You are also entitled to at least 10 to 11 hours of rest between two working days.

Whether you have to work Überstunden (overtime) depends on your contract or collective agreement. If neither covers it, you can often refuse, except in emergencies or for urgent operational tasks. If your contract says overtime is not compensated, it may not exceed 10% of your agreed hours. Where the contract says nothing, overtime is normally paid at your hourly rate, provided your superiors ordered it and you documented it in writing with your boss’s signature. Employees above a certain salary level do not receive extra pay for overtime. Outside working hours your time is your own, unless your role includes Rufbereitschaft (on-call duty).

Holiday entitlement

All employees in Germany have a legal right to paid holiday. Full-time workers get at least 20 days a year, and part-time entitlement is reduced accordingly. If your contract promises more, the contractual number applies. Unused days can be carried into the next year but must be taken by 31 March, or they are lost. People with disabilities can receive five additional days.

Fixed-term and part-time contracts

A fixed-term contract states its end date at the start and ends automatically on that date. Handbook Germany notes that either side may also terminate it before the end of the contract period. A permanent contract has no end date and only ends if you or your employer actively terminate it.

If you are unsure whether you will have a new job when a fixed-term contract ends, you must notify the Employment Agency (Agentur für Arbeit) at least three months before the end date. Registering late or incorrectly as a jobseeker leads to a one-week suspension of unemployment benefit.

You can ask to switch from full-time to part-time work if you have been employed for more than six months and the employer has more than 15 employees. Brückenteilzeit (bridge part-time), which lets you return to full-time work automatically after a set period, requires an employer with more than 45 staff. Applications must be made at least three months in advance, and the employer must reply in writing at least one month before the requested start. If the employer does not reply in time, the request counts as approved.

If your residence permit is tied to your job, any question about how a contract change affects your residence status should go to the Ausländerbehörde (foreigners’ authority) or a migration advice service.

FAQ

Is a verbal job agreement valid in Germany?

For a permanent contract, yes. It can initially be agreed orally, but the employer must give you written proof of your working conditions no later than one month after you start. Fixed-term contracts are different: they must be in writing before work begins.

What happens if I sign my fixed-term contract after I have started work?

According to Handbook Germany, if a fixed-term contract is not in writing before you start, or you receive it later, the time limit is not valid. You are then entitled to a permanent contract.

Can I carry unused holiday into the next year?

Yes. Remaining holiday days can be carried over, but they must be used by 31 March of the following year, otherwise they are lost. If your contract grants more than the statutory minimum, the contractual number applies.

Where can I have my contract checked?

The Faire Integration counselling centres support employees free of charge in several languages and can recommend a lawyer. If your company has a Betriebsrat (works council), it can also help. For residence questions, contact the Ausländerbehörde or a migration advice service.

Sources: handbookgermany.de · handbookgermany.de

Last verified: 18 October 2026 against the pages linked above. Rules and fees change; the responsible authority always has the final word.

This is general information, not legal or immigration advice. For your own situation, ask the foreigners’ authority (Ausländerbehörde) of your city, a recognised migration advice service or a lawyer (Rechtsanwalt).