A new milestone awaits you: Your employment contract. You have successfully passed the job interview and have been accepted by the company. Now there's almost nothing standing in the way of your dream job! We explain what you need to keep in mind when reviewing your contract so that you can get started as quickly as possible.
You finally have an employment contract in your hands. Your first impulse is probably to sign it as quickly as possible. However, we recommend that you take some time to check your contract first. Especially when it’s the first time that you’re reviewing a German contract, it's sometimes not so easy to understand the contract properly. But don't worry, we'll give you an overview of everything you should look out for.
The surprising answer first: Whether the employer is obliged to give you a written employment contract depends on the type of employment contract you have. A distinction is made between fixed-term and permanent employment contracts.
With a fixed-term employment contract, it is clear from the outset how long you will be working for the company. As soon as this date is reached, your employment relationship ends automatically. This means that you do not have to give notice, nor does the employer have to dismiss you. An open-ended employment contract, on the other hand, must be actively terminated by you or your employer.
Fixed-term employment contracts must always be concluded in writing. An open-ended employment contract can also be entered into after a verbal agreement. However, we recommend that you always request a written employment contract from your employer. This is the only way to have a backup if you ever have problems with your employer.
The employment contract can be drafted mostly as per the preference of the company. However, you should make sure that some important points are regulated in the contract. Thereby, you can always refer to your contract, if you ever have problems with your employer.
Usually, you will find the following information in an employment contract:
Contracting parties
Start of contract and any time limit, if applicable
Salary
Working hours and place of work
Extra hours
Tasks
Probationary period
Notice periods
Vacation
Sickness
The statutory minimum wage applies in Germany. Since January 1, 2024, the statutory minimum wage has been 12.41 euros gross per hour. This means that you cannot earn less than the statutory minimum wage.
However, as is so often the case, there are a few exceptions. The statutory minimum wage does not apply to the following groups:
Interns doing a compulsory internship for school or university
Interns doing an orientation internship for an apprenticeship or course of study
Persons completing a measure of the employment agency or job center (e.g. an entry qualification)
Employees who have been unemployed for more than a year and have been working for less than six months
Volunteers
Even if you are doing an apprenticeship, there is a minimum wage. Your employer must pay at least 649 euros gross per month (as of 2024) in the first year of your apprenticeship.
The exact working hours are specified in the contract. For a full-time position, this is usually 40 hours per week, i.e. 8 hours per day.
It is important to know that you must take a break of 30 minutes if you work more than 6 hours. This break is compulsory. The break is not part of your working time.
Whenever you work more hours than contractually agreed, you are working overtime. Whether you have to work extra hours depends on what is written in your employment contract.
If nothing is written in your contract about overtime, you can usually refuse to work extra hours. However, there is an exception here too: in emergencies or if there is an urgent operational need, you may have to work overtime at short notice.
Compensation for extra hours is either in the form of additional pay or time off, depending on the agreements in the employment contract. If there is no written agreement, overtime will be paid according to your hourly rate of pay.
As an employee in Germany, you are legally entitled to vacation. If you have a full-time job, you get at least 20 days' vacation per year. Your employer may also grant you additional vacation days. This will be stipulated in your employment contract.
Your employment contract will normally list the tasks that you have to do. You are obliged to complete these tasks. Your employer can also give you additional tasks. The additional tasks must be legal and non-hazardous and related to your actual job. It is also important that you have the required qualifications for the tasks, so that you can be assigned to do them.
In Germany, there is a statutory notice period, which is usually four weeks. The statutory notice period may not be exceeded, except during the probationary period. Make sure that the conditions for termination are set out in your contract.
These are some points that need to be considered before signing the employment contract. We therefore recommend that you take enough time to review and understand the employment contract first.
If you have any questions about your employment contract, you can always ask your employer. Alternatively, you can also reach out to people close to you or seek advice from support institutions in your area. You can find them here, for example.
And don't forget: Your Workeer Career Coach is there to answer any questions you may have!
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