“Unpaid" Trial Work in Germany? You're Not Alone, and It's Not Okay.
- Jude Temianka
- Sep 2, 2025
- 4 min read
Too many of us have been there, haven't we? The excitement of a new job opportunity in Germany, quickly replaced by the unsettling feeling of being asked to do extensive "trial work" – often unpaid, with unclear terms, and no real intention of hiring. It's a common, yet deeply unfair, pitfall for expats navigating a new labour market.
We recently found a disheartening story on Reddit from an expat in Berlin. They were asked to perform an 8-hour, break-free "Probearbeit" (trial day) at a national supermarket, only to be told their work was exceptional, but they wouldn't be hired due to their German language level – a factor known from the first call, and seemingly unnecessary for the position. It's not an isolated incident; it's a common form of exploitation for newcomers to any country, but something our founders have experienced in Germany time and again. We guess that if you're a migrant reading this article, you'll understand.
But here's the crucial truth: what this person went through shouldn’t be ‘normal’, nor is it legal in Germany. Being used for free labour is not okay.
✋ Educating yourself about worker's rights can help you and other expats in Germany avoid being exploited unknowingly. So here are some tips to get you started! ✅
1. Understand the Difference: Trial Work vs. Probationary Work
Probearbeit (Trial Work): This should be a very brief, informal period (a few hours, maybe one day) to observe and see if the job fits. If you are asked to perform productive work, receive detailed instructions, or work fixed hours, it likely qualifies as a working relationship, and you are entitled to be paid.
Probezeit (Probationary Period): This always comes with a formal employment contract and means you are a paid employee with all rights and obligations.
2. Always Ask for a Contract or Written Agreement
Before you start: Always request a written contract or at least a written agreement (even for short trial periods) that clearly outlines:
The duration of the trial.
The specific tasks you will perform (and ensure they are genuinely observational, not productive labour).
Whether it is paid or unpaid (and if unpaid, ensure it truly fits the legal definition of unpaid "Probearbeit").
Supervision details.
Don't work without clarity: If an employer insists on an extensive "trial day" without any clear terms or a contract, be extremely cautious.
3. Know Your Rights Regarding Payment and Minimum Wage
Minimum Wage (Mindestlohn): As of January 2024, the statutory minimum wage in Germany is €12.41 per hour gross. Any work that qualifies as an employment relationship must be paid at least this amount.
Unpaid Work is Rare: Genuinely unpaid work is only allowed in very specific, limited circumstances (e.g., genuine, short-term shadowing or certain types of internships that are explicitly for learning, not productive work). If you're doing the same work as paid employees, you should be paid.
4. Document Everything
Keep Records: Note down every detail:
Dates and exact times you worked.
Specific tasks you performed.
Names of people you interacted with.
Any conversations about payment, expectations, or your language level.
Save any emails or messages.
This is your evidence: Should you need to pursue legal action for unpaid wages, these records will be invaluable.
5. Understand Working Hours and Breaks
Mandatory Breaks: By law, if you work more than 6 hours, you are entitled to a 30-minute break. If you work more than 9 hours, it's 45 minutes. These breaks are typically unpaid. Working 8 hours straight without a break is illegal.
Maximum Hours: Generally, the working day should not exceed 8 hours, though it can be extended to 10 hours if averaged out over a period.
6. Don't Let Language Be an Excuse for Exploitation
Known Language Level: If an employer invites you for an interview or a "trial" knowing your language proficiency, they cannot then use it as an excuse to exploit your labour and refuse to hire you.
Right to Translation: While contracts don't have to be in your native language, you must be given sufficient time to have them translated before signing.
7. Seek Advice and Support
If you suspect you've been exploited or are unsure about your rights, don't hesitate to seek professional help. There are organisations dedicated to supporting workers and expats in Germany:
Trade Unions (Gewerkschaften): Organisations like ver.di or IG Metall offer legal advice and support to their members.
Counselling Centres for Fair Integration (Faire Integration): These centres provide free advice and support to new immigrants on labour law and social rights.
Labour Lawyers (Arbeitsrecht Anwälte): For more complex cases, a specialist labour lawyer can advise you on your options, including suing for unpaid wages.
Service Centre against Labour Exploitation: The Federal Ministry of Labour and Social Affairs supports this service centre at 'Arbeit und Leben Berlin e.V.' which focuses on combating labour exploitation.
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