Trial Work, Trial Day and Probation in Germany — What Counts as Employment?

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.

• 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.

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.

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.

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.

• 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.

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.

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.