German Employment Contracts: What to Check Before You Sign
Required contract terms, Brutto vs Netto, Probezeit, fixed-term traps, overtime clauses, and red flags to catch before you accept a German job offer.
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The offer lands and you want to say yes before someone else does. Then you open a German PDF full of Brutto, Probezeit, and overtime wording you have never seen, and the fear kicks in: signing something you cannot unwind, or missing a clause that quietly strips pay and protection.
German labour law is employee-friendly once you are in, but the floors only help if the paper matches them. Your contract can give you more than the statutory minimums. It cannot lawfully give you less. Read it before you accept, ask for missing terms in writing, and treat “we’ll sort that later” as a reason to pause. For life after day one, including sick pay, vacation, and what happens if the job ends, see Your Rights at Work in Germany.
What every contract must document
Under the Evidence Act (Nachweisgesetz), your employer must give you the essential terms in writing. That usually means a signed employment contract (Arbeitsvertrag), not a chat message or a vague offer email.
Expect at least:
- Names of employer and employee
- Start date
- Job title and a short description of the role
- Place of work (and whether remote or multi-site work is allowed)
- Weekly working hours
- Gross salary (Brutto)
- Vacation entitlement
- Notice period (Kündigungsfrist)
- Any applicable collective agreement (Tarifvertrag)
If something on that list is missing, ask for it in writing before you start. You have a right to documented terms. Verbal promises about bonus, remote days, or title rarely survive a dispute if they never made it onto the page.
Key terms decoded
Brutto vs Netto. The contract shows Brutto: pay before tax and social contributions. Netto is what hits your account after Lohnsteuer, possible church tax, and your share of health, pension, unemployment, and long-term care insurance. The gap is large. Exact net depends on tax class, income, and whether you pay Kirchensteuer. For the deduction map, see Taxes in Germany.
Probezeit. Probation usually lasts up to six months. During that window either side can normally end the contract with two weeks’ notice. A Probezeit longer than six months does not stretch the short-notice rule. An employer also cannot use an endless probation label to delay unfair-dismissal protection. Full clocks and exit rules: Your Rights at Work in Germany.
Permanent vs fixed-term. A permanent contract (unbefristeter Vertrag) has no end date and offers the most security. A fixed-term contract (befristeter Vertrag) ends on a set date. Fixed-term contracts that get renewed again and again face legal limits. Ask why the role is temporary and whether conversion to permanent is realistic.
Part-time and full-time. Full-time is often 35 to 40 hours per week, depending on the industry and any collective agreement. Part-time is fine and common. Confirm hours, overtime expectations, and whether core office days are written down.
Red flags before you sign
Pause if you see any of these:
Red flag | Why it matters |
|---|---|
No written terms | Demand a proper Arbeitsvertrag or written Nachweis before you start |
Probezeit longer than 6 months | Short-notice probation ends at six months by law |
Fewer than 20 vacation days (5-day week) | Below the Federal Vacation Act floor |
Unpaid overtime as the default culture | Overtime must be paid, time-off, or lawfully included; “everyone stays late for free” is not a plan |
”All overtime included in salary” with a low base | Check whether the package and hours are legally tenable |
Non-compete with no compensation | Post-contract bans usually need waiting pay (Karenzentschädigung), often at least 50% of last contractual pay under Section 74(2) HGB |
Your notice period longer than the employer’s | Blocked by Section 622(6) BGB |
Repeated short fixed-term renewals | Chains have limits; ask for the legal basis of the Befristung |
”Freelance” work that looks like a job | One client, fixed hours, their tools, no business risk: risk of Scheinselbständigkeit. See Starting as a Freelancer in Germany: Tax, VAT, and Insurance |
Email-only “we’ll fire you by Slack” language is also a warning for later. Ordinary dismissals need wet-ink paper under German law. That fight belongs to the rights guide, but it tells you how seriously the employer takes form.
Before you accept
- Read the German and any English version. If they conflict, ask which one controls and get the answer in writing.
- List every missing item from the Nachweis list and request a revised draft.
- Ask HR to explain overtime, bonus, remote work, and notice in plain language, then confirm the answers appear in the contract.
- If the package is complex, the non-compete is aggressive, or something feels off, talk to a Fachanwalt für Arbeitsrecht or your legal-expense insurer (Rechtsschutzversicherung) before you sign. A short review is cheaper than a bad first year.
You can ask for changes. Serious employers expect questions from people who have never worked under German contracts. Once you sign and start, your day-to-day rights, workplace norms, and exit rules live in Your Rights at Work in Germany.
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Disclaimer: This guide is for general informational purposes only and does not constitute legal, tax, or professional advice. While we endeavour to ensure the information is accurate and current, we provide no guarantee, express or implied, regarding the completeness, accuracy, or reliability of the content. Users act solely at their own risk. For binding decisions, please consult with the relevant municipal authorities or a qualified legal professional.