Trial Work, Trial Day and Probation in Germany β What Counts as Employment?
Probearbeit, Probearbeitstag and Probezeit clearly separated: 2026 legal definitions, pay obligations, insurance, social contributions β what employers and applicants must know.
Three terms that get constantly confused β with very different legal consequences in practice: Probearbeit (trial work), Probearbeitstag (trial day) and Probezeit (probation). Mixing them up costs employers in back-pay, fines or even criminal charges for undeclared work. This guide clarifies what is allowed in 2026.
The three terms β clearly separated
| Term | Duration | Contract | Pay | Social insurance |
|---|---|---|---|---|
| Probezeit | up to 6 months | Full contract | Full wage | Full |
| Probearbeit (familiarisation) | 1β3 days | No contract | No obligation | No (except accident) |
| Probearbeitstag | 1 day | De facto contract | Full wage | Full |
Probezeit (probation)
- Max. duration: 6 months (Β§ 622(3) BGB).
- Notice: 2 weeks, no reason needed.
- Full wage: Min. β¬13.90/h or agreed.
- Social insurance: Full.
- Leave: Pro rata, full from month 7.
- Dismissal protection: From month 7 (KSchG).
Probation must be in writing in the contract.
Probearbeit as familiarisation
Conditions for legal unpaid trial work:
- Pure getting-to-know without work output.
- Max. 1β3 days.
- No integration into operations.
- No economic exploitation.
- Written agreement recommended.
Allowed: observing, asking questions.
Not allowed: serving customers, packing, programming, selling, fixing.
Probearbeitstag β paid, but short
Duties at a paid trial day 2026:
- Written mini-contract.
- Wage min. β¬13.90/h.
- Register as short-term employment.
- Immediate notification in minimum-wage sectors.
- Accident insurance via trade association.
- Right to direct.
Practice box: scenarios
Restaurant service
Variant 1 β Familiarisation (4 h, no pay): only watch, serve no table.
Variant 2 β Trial day (8 h, paid): 8 Γ β¬13 = β¬104 + social contributions + contract + immediate notification.
Variant 3 β Probation (6 months): Full contract, 2-week notice.
Software developer
Allowed: code review, pair programming on open-source. Not allowed: shipping a feature in your codebase.
Warehouse
Allowed: 2 h walkthrough. Not allowed: packing 50 parcels.
Risks of breaches
- Wage back-payment up to 3 years retroactively.
- Social-insurance back-payment + late surcharges.
- Criminal complaint Β§ 266a StGB β up to 5 years.
- Fine MiLoG up to β¬500,000.
- 5-year exclusion from public tenders.
- No accident protection β personal liability.
Checklist
| Question | Trial work (no pay) | Trial day (paid) |
|---|---|---|
| Usable work? | No | Yes |
| Integrated into operations? | No | Yes |
| Follows instructions? | Only informally | Yes, fully |
| Employer profits? | No | Yes |
| More than 4 h? | Borderline | Clearly trial day |
FAQ
1. Difference trial work vs. probation?
Trial work happens before the contract; probation is the first part of an existing contract.
2. May I demand a full unpaid trial day?
No, when real work is performed. 3β4 h familiarisation is the upper limit.
3. How long may probation last?
Max. 6 months. Fixed-term: max. 25 % of duration.
4. Can I dismiss without reason during probation?
Yes, with 2-week notice. Exceptions: pregnancy, severe disability.
5. Do I get leave during probation?
Yes, pro rata. Full from month 7.
6. What about illness on a trial day?
One-day employment doesn't meet the 4-week waiting period for sick pay.
Vardio: organising trial work professionally
With Vardio you set up trial work correctly: choose between unpaid familiarisation (with mini-agreement) or paid trial day (with automated mini-contract, immediate notification and payroll). You avoid compliance risks.
Run structured trial work with Vardio
Vardio β
