The German employment contract: read before signing

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Address: DE
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Probezeit, notice periods, fixed-term rules, vacation minimums, overtime clauses and Arbeitszeugnis rights: what to verify before signing a German contract.

Last updated: July 13, 2026

What should you check in a German employment contract?

Verify five things: Probezeit maximum 6 months (2-week notice inside it), notice periods after it (4 weeks statutory, often extended symmetrically), whether the contract is unlimited (unbefristet) or fixed-term with a legal reason, vacation of at least 20 days (24-30 is market), and that overtime clauses ("mit dem Gehalt abgegolten") have limits. German law fills every gap in your favor.

The clause-by-clause check

Clause	Standard	Watch for
Probezeit	up to 6 months, 2-week notice both ways	It's a feature not a threat - full pay, full insurance from day 1
Befristung (fixed-term)	Legal without reason up to 2 years (max 3 extensions)	Chained fixed-terms beyond that are challengeable into permanence
Kündigungsfrist	4 weeks to the 15th/month-end statutory; grows with tenure	3-month symmetrical periods are normal at professional level - it protects you too
Urlaub	20 days legal minimum (5-day week)	24-30 is market: negotiate, and unused days' carry-over rules
Overtime	"included in salary" clauses valid only within limits case law caps	Uncapped inclusion for non-executives is fightable; ask how overtime is tracked
Salary	13 payments? Bonus terms guaranteed vs discretionary	Blue Card thresholds count GUARANTEED components (visa guide)
Nebentätigkeit	Side work usually needs notification	Blanket bans are void; approval can't be unreasonably withheld
Non-compete post-contract	ONLY valid with 50%+ compensation (Karenzentschädigung)	Uncompensated post-contract non-competes are void - don't fear them
Remote/location clause	Define home-office rights explicitly	Verbal promises evaporate at reorganizations

Rights no contract can remove

Statutory sick pay (6 weeks full employer pay, then Krankengeld ~70% from the Kasse), 20 vacation days, parental leave (Elternzeit guide), Kündigungsschutz after 6 months in 10+ employee firms (employee rights guide), and the written Arbeitszeugnis (reference) on leaving - always request the qualified version, graded in famously coded politeness (decode before accepting: "stets zu unserer vollen Zufriedenheit" = good, missing "stets"/"vollsten" = damning).

Frequently asked questions

Verbal offer, contract "coming" - do I resign my old job?

Never before the signed contract. German offers are binding once signed by both - and only then.

Can they change my contract later?

Only by agreement or (rare, strict) Änderungskündigung. Silence ≠ consent, but signing amendments does.

English contract version - valid?

Yes, contracts can be English; disputes read German law into them regardless. Bilingual versions: check which governs.

13th salary - standard?

Common (esp. tariff-bound industries), not legal default. It's compensation structure, not a gift - negotiate total comp.

Werkvertrag/freelance disguised as a job?

One client, their tools, their hours = Scheinselbständigkeit risk on BOTH sides (freelance guide).

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