Trial work days: benefits for employers and employees

One day of shadowing tells you more than three interviews. To ensure it doesn't unintentionally turn into an employment relationship, the arrangement needs to be right.

Three arrangements that are often confused

Arrangement	Nature	Pay
Familiarisation arrangement (Einfühlungsverhältnis)	Observing, getting to know each other, no obligation to follow instructions	generally not owed
Trial work relationship (Probearbeitsverhältnis)	Genuine work performed under instruction	subject to pay, at least the minimum wage
Probationary period in the employment contract	Regular employment relationship, shortened notice period	full pay

Candidate observes a workshop during a trial day — In an observation arrangement the candidate gets to know the workplace; productive work under instruction may instead create employment.

The familiarisation arrangement

In a familiarisation arrangement, the applicant gets an impression of the business without being integrated into the work process. They are not subject to any right of direction, need not deliver any work results, and can leave at any time. As soon as they work productively, are assigned tasks, or stand in for colleagues, an employment relationship with a right to pay arises — regardless of what was agreed beforehand.

Benefits

For the employer: a realistic impression of working style, pace and team fit; a markedly lower rate of mis-hires; the team is involved in the process.
For the applicant: insight into the workplace, tools, management style and colleagues before resigning from a current role; a chance to make a practical impression when the CV is thin.

Accident insurance

Even unpaid trial work is generally covered by statutory accident insurance, because it constitutes an employee-like activity. Register the person doing the trial work internally within the business and document the day — traceability is what matters if a claim arises.

Short trial-work agreement beside a clock, safety helmet and insurance shield — Duration, voluntary nature, tasks, contact person and insurance should be clarified in writing beforehand.

What you should set out in writing

Date, time and duration — for a familiarisation arrangement, generally a maximum of one to three days.
Purpose: mutual familiarisation, no obligation to work.
No obligation to follow instructions, termination possible at any time.
Confidentiality regarding internal business matters.
Handling of travel expenses and meals.
Safety briefing and protective equipment.

Limits

Anyone deployed productively over several days is working — in which case the minimum wage, social security and record-keeping obligations apply. For longer trial periods, a short fixed-term employment contract is the clean route; a fixed term "for the purpose of a trial" is expressly permitted under section 14(1) no. 5 of the Part-Time and Fixed-Term Employment Act (TzBfG).

Invitation and rejection

Extend the invitation in writing and clearly state the nature of the arrangement. A rejection after the trial work day should likewise be in writing — factual, prompt and without reasoning that creates risks under the General Equal Treatment Act (AGG).

Practical distinction

Observation arrangement	Trial employment
Getting acquainted and observing	Work under instruction
No duty to work or pay	Pay and employment duties
Usually hours or one day	Fixed-term employment contract

Record before the visit

State date, duration, purpose, permitted activities, contact, confidentiality and insurance. Create an invitation or short agreement in the letter editor.