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 |
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.
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).