Check your employment contract: Your rights and obligations

Are you about to start your first job or are you looking to change jobs? Wonderful! But before you really get into your first day at work, you should take a look at your employment contract. After all, it sets out what you have to do, how much you earn and what rights you have.

As a skilled worker, you should know which clauses are important and what a good employment contract must contain. In this article, we show you what is important and which legal regulations you should be aware of.

What is an employment contract and why is it so important?

An employment contract is a legally binding document between you and your employer. It regulates everything important about your employment relationship: your tasks, your salary, your working hours and much more. Your employment contract gives you security because it sets out exactly what is expected of you and what you will receive in return. It is therefore essential that you read and understand your contract carefully before signing it.

Employment contracts come in various forms. The most common is the open-ended employment contract - it runs indefinitely until one of the parties gives notice. Fixed-term employment contracts, on the other hand, have a fixed end date and expire automatically unless they are extended. Part-time employment contracts are for jobs with fewer hours per week than a full-time position. Then there is the mini-job contract, where you can earn up to 520 euros a month, often without paying tax.

When and how will you receive your employment contract?

Ideally, you should receive your employment contract before you start work , but no later than one month after your first day of work. This is stipulated by the law on proof (§ 2 NachwG). Your employer must give you all the key terms of the contract in writing - this includes details of your position, working hours, salary and notice periods. It is important that you check the contract carefully before you sign it.

Legal requirements for the employment contract

You can keep the following in mind: An employment contract is only valid and secures your rights as an employee if it contains certain minimum information:

• Your name and the name of your employer: Both names and addresses must appear in the contract.
• Start and duration of the employment relationship: In the case of a fixed-term contract, the end date must be clearly stated.
• Work location: This indicates where you should work, e.g. in the workshop, on construction sites or flexibly at different locations.
• Job description: The contract should describe exactly what your tasks are. This protects you from unclear requirements.
• Working hours: The weekly working hours should be clearly regulated. According to the Working Hours Act (§ 3 ArbZG), you may not work more than 48 hours per week. Overtime must be paid or compensated by time off.
• Salary and bonuses: Your salary must at least correspond to the minimum wage, which is currently €12.41 per hour (as of 2024). Special payments such as vacation or Christmas bonuses should also be clearly regulated (Section 611a BGB).
• Vacation entitlement: Your contract must specify how many vacation days you are entitled to. The statutory minimum entitlement is 20 days for a 5-day week (§ 3 BUrlG). Many employers offer more vacation.
• Notice periods: The notice periods regulate how long in advance you or your employer must give notice. The standard notice period is four weeks, but may vary (Section 622 BGB).
• Right to issue instructions: Your employer can tell you what to do, where and when you have to work. However, they must remain fair and must not put you at an unreasonable disadvantage.
• Secondary employment: Some employment contracts stipulate that you have to register side jobs. This is to ensure that you are not working for the competition.

Don't know what these points should look like in an employment contract? Then take a look at these sample employment contracts from the IHK Munich and Upper Bavaria or the Flensburg Chamber of Commerce. If you are an EU citizen and you want to work in Germany, please read our article Working in Germany as an EU citizen. Here you will find information about your work permit, the recognition of training and much more!

Important clauses and their meaning

In addition to the statutory minimum requirements, there are other important clauses that you should include in your contract.

Overtime regulations (§ 3 ArbZG, § 612 BGB): Overtime is part of many professions, but it must be clearly regulated how it is compensated. Some employers pay overtime, others grant time off in lieu. Pay attention to what your contract says.

Confidentiality clauses (§ 241 BGB): Employment contracts often contain a confidentiality clause that prohibits you from disclosing internal company information. This obligation usually remains in place even after the employment relationship has ended.

Secondary employment (§ 60 HGB): Many employers want to know whether you work elsewhere on the side. Your contract may state that secondary employment must be approved in advance. This is important to avoid conflicts of interest.

What should you do if you notice something in the contract?

The most important thing with your contract is that you understand it. If you don't, or you discover something strange, then you should definitely ask. First contact your future employer or the HR department. In such cases you should:

1. Ask and clarify: Talk to your boss or the HR department and ask for an explanation. It is your right to understand the contract and feel comfortable with all the clauses.
2. Suggest changes: If you don't like a regulation, you can suggest changes. Many employers are willing to discuss fair adjustments.
3. Seek legal help: If you are unsure whether a clause is valid, you can contact an employment lawyer or a trade union. 

Do you have the feeling that your contract doesn't seem fair or even discriminatory? Then you should definitely take a look at our article on the General Equal Treatment Act (AGG)! This law protects you from injustice and discrimination based on your ethnic origin, gender and much more!

Illegal clauses and their invalidity

Not all clauses in the employment contract are permitted. If a provision violates the law, it is "void", i.e. invalid. Here are some examples of inadmissible clauses:

• Falling below the minimum wage: Your wage must be at least equal to the statutory minimum wage. A clause that provides for less is invalid (Section 3 of the Minimum Wage Act - MiLoG).
• Excessive working hours: A clause that obliges you to work more than 48 hours per week without compensation violates the Working Hours Act (§ 3 ArbZG).
• Vacation waiver: A regulation that grants you less vacation than is legally required is invalid (§ 3 BUrlG).
• Waiver of protection against dismissal: Clauses that exclude you from the right of dismissal for longer than one year are inadmissible (Section 622 BGB).
• Unfair overtime regulations: If your contract states that you have to work unlimited overtime without pay, this is invalid.

What to do if a clause is not permitted by law?

1. Ignore the clause: Invalid clauses do not apply, even if they are in the contract. You can then refer to the statutory regulations.
2. Request a correction: Ask your employer to amend the contract so that everything is legally in order.
3. Take legal action: In the event of serious violations, you can seek legal help and challenge the clause. You have the right to refuse unfair treatment.

Check well, start safely - with support from WorkerHero

An employment contract is the basis of your job. Read it carefully and ask questions if anything is unclear. Be aware of your rights, as this is the only way to start your new job safely and well informed. At WorkerHero, we are by your side: we not only help you with your job search, but also with understanding your working conditions.

Register with WorkerHero now and not only find your next job, but also receive support with all questions relating to your employment contract. We make sure that you are treated fairly and are on hand with help and advice.

With WorkerHero you are not alone - we are here to support you so that you can start your professional future safely and successfully!