Arbeitsvertrag: Reviewing Your Employment Contract
Check the key clauses before signing: probationary period, salary, holiday, and non-compete clause.
✓ Verified: 15/08/2026
WHAT TO DO
What is it and when to act?
The Arbeitsvertrag is the legal foundation of your employment. Only sign after reading it carefully. German employment law protects workers — but only if you know your rights and haven’t agreed to anything harmful.
What to check before signing
Bruttogehalt — the amount before deductions (tax and social contributions take roughly 40%)
Probezeit — maximum 6 months, usually 3
Urlaubstage — by law minimum 20 days (5-day week); market standard is 25–30
Arbeitszeit — standard 40 hrs/week; overtime must be compensated or paid
Wettbewerbsverbot — compensation of ≥50% of salary is mandatory
I signed the Wettbewerbsverbot without understanding it. When I moved to a start-up my former employer sent a formal warning. The restriction lasted 12 months. The lawyer cost €2,000. Read § 74 HGB before signing anything.
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Lea recommends:
I didn't check whether commuting time counted as working time. It doesn't — 2 hours a day don't count. Home-office arrangements or commute compensation need to be negotiated separately.
FREQUENTLY ASKED QUESTIONS
How long is the standard probationary period in Germany?▾
Under § 622 BGB: maximum 6 months, usually 3. During the Probezeit, either side can give 2 weeks' notice. After that, the statutory notice period applies: 4 weeks to the 15th or end of the month for the first 2 years of employment.
What is the Wettbewerbsverbot and should I sign it?▾
A non-compete clause bans you from working for competitors after leaving (up to 2 years). To be legally valid, the employer MUST pay compensation — at least 50% of your last gross monthly salary per restricted month (§ 74 HGB). Without compensation, the clause is unenforceable.
Must the employment contract be in writing?▾
Confirmation of the essential terms is mandatory (NachwG), but the deadlines are staggered: names and addresses, start date, place of work, description of the work, pay and working hours by your first working day; some items by the seventh calendar day; the rest within a month. ⚠️ The required form changed: since 2025, § 2 (1) sentence 2 NachwG allows text form and electronic delivery, provided the document is accessible, storable and printable and the employer asks you to confirm receipt. A PDF by email is therefore valid — signed paper is no longer compulsory (exception: the sectors listed in § 2a SchwarzArbG). You should still ask for the full contract before you start.