Trial Work, Trial Day and Probation in Germany — What Counts as Employment?
Probearbeit, Probearbeitstag and Probezeit clearly separated: 2026 legal definitions, pay obligations, insurance, social contributions — what employers and applicants must know.
Three terms that get constantly confused — 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 — clearly separated
| Term | Duration | Contract | Pay | Social insurance |
|---|---|---|---|---|
| Probezeit | up to 6 months | Full contract | Full wage | Full |
| Probearbeit (familiarisation) | 1–3 days | No contract | No obligation | No (except accident) |
| Probearbeitstag | 1 day | De facto contract | Full wage | Full |
Probezeit (probation)
- Max. duration: 6 months (§ 622(3) BGB).
- Notice: 2 weeks, no reason needed.
- Full wage: Min. €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. 1–3 days.
- No integration into operations.
- No economic exploitation.
- Written agreement recommended.
Allowed: observing, asking questions.
Not allowed: serving customers, packing, programming, selling, fixing.
Probearbeitstag — paid, but short
Duties at a paid trial day 2026:
- Written mini-contract.
- Wage min. €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 — Familiarisation (4 h, no pay): only watch, serve no table.
Variant 2 — Trial day (8 h, paid): 8 × €13 = €104 + social contributions + contract + immediate notification.
Variant 3 — 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 § 266a StGB — up to 5 years.
- Fine MiLoG up to €500,000.
- 5-year exclusion from public tenders.
- No accident protection — 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. 3–4 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
Through Vardio you can meet a candidate and discuss the conditions directly. The employer must independently determine the legal form of trial work and arrange pay, contracts, official notifications, and payroll using official sources or professional advice.
Run structured trial work with Vardio
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