Trial work according to the law

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Many people who are looking for a job first get an offer to do a test job. This can be a good way of getting to know the job in depth. But there is also a fine line between being exploited. You should know the provisions that apply under the law and carefully check the conditions beforehand.

Trial work must be remunerated according to the law.
Trial work must be remunerated according to the law.

What the law provides for trial work

  • Trial work can be a good opportunity for job seekers and employers to get to know each other better and to get an impression of the practical work. However, legal provisions also apply to trial work, which must be strictly observed.
  • Note that employment contracts do not have to be concluded in writing. If they are agreed orally, they are just as binding and contain the legal regulations.
  • Have you got fixed at the trial work working hours, receive instructions and you are assigned tasks, you must also be remunerated for them. If you then make yourself available for this work on a trial basis and then receive a rejection, you can request payment. If the employer refuses to pay, you can sue this before the labor court.
  • If the work on probation is not even agreed in writing, it can be assumed that a completely normal employment relationship with all rights and obligations is given.
  • Unfortunately, there are many companies that repeatedly persuade people to work on a probationary basis and then turn them down and take advantage of the next. This is not lawful. You can then get legal advice and claim your wages. You should definitely do that too.
    • Trial work - payment?

    If you are looking for a job or an apprenticeship, are ...

This is how you remind your prospective employer of the law

  • If you have done trial work for a potential employer and they have rejected you, you should definitely ask them about your remuneration.
  • Do this over the phone immediately after receiving a rejection.
  • Point out to the employer that if you have fixed working hours and are bound by instructions, you are assuming an employment relationship that triggers the obligation under the law to pay.
  • If the employer refuses, send him a written reminder.
  • You should then contact a lawyer and plan your next steps.

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