90 Day Trial Employment Agreement Template for Germany

A 90 Day Trial Employment Agreement is a crucial legal document that establishes the terms of your employment relationship during the probationary period in Germany. This agreement ensures both you and your employer have clear expectations while complying with German employment law requirements under the Civil Code and Protection Against Dismissal Act.

When do you need this document?

You need this agreement when starting any new employment in Germany where a probationary period applies. German employers commonly use trial periods to assess job performance and cultural fit, while employees can evaluate whether the role meets their expectations. The document is essential for positions across all industries, from entry-level roles to executive positions. It's particularly important in competitive job markets where both parties want flexibility during the initial employment phase. The agreement also serves as legal protection, documenting the specific terms that apply during your trial period, including working hours, compensation, and notice requirements.

Key legal considerations

Your trial employment agreement must address several critical legal elements to ensure enforceability under German law. The contract must clearly define the trial period duration, which cannot exceed six months under the Protection Against Dismissal Act. During this period, either party can terminate the employment with simplified notice requirements, typically two weeks. The agreement should specify your exact job duties, working hours in compliance with the Working Hours Act, and compensation structure including any probationary adjustments. Vacation entitlements must align with the Federal Leave Act, with pro-rated accrual during the trial period. The document must also address confidentiality obligations, intellectual property rights, and any non-compete clauses that will apply both during and after the trial period.

Legal requirements in Germany

German law imposes specific documentation requirements that your trial employment agreement must satisfy. Under the Documentation Act, your employer must provide written confirmation of essential employment terms within one month of starting work. The agreement must be in German and include your full legal names and addresses, job title and description, start date, and workplace location. Working time arrangements must comply with the Working Hours Act, limiting regular work to 48 hours per week with mandatory rest periods. If your workplace has a works council, they may need to be consulted on certain contract terms. The agreement should also reference applicable collective bargaining agreements if your employer is bound by them. Social security registration requirements must be addressed, and the contract should specify which German employment laws govern the relationship beyond the basic Civil Code provisions.