Phase
Civil Code
Native name
Bürgerliches Gesetzbuch
Type
Time off for job search
Added to database
08 May 2015

Article

Civil code, § 629


Description

In case of dismissal or termination of a fixed-term contract, the employer has to agree to 'adequate' time off for the affected employee to search for new employment. The right applies to workers on a permanent and fixed-term contract, but not to casual workers and interns. The Civil Code does not specify any requirements regarding the time off for job search or its duration. In practice, the employee has to apply for time off for job search at least two days in advance and in written form. Specific information of the name of a potential employer does not have be be given. The employer is prohibited from asking the employee to use holidays for job search. 


Commentary

Because the Civil Code does not specify any requirements, standard practice is outlined by, for example, law firms, trade unions and insurers.

Typically, time off is granted from a few hours to a maximum of one whole day. Time off is allowed for interviews with potential employers, for consultations with the Federal Employment Agency (Bundesagentur für Arbeit) as well as for participation in assessments by private centres/employers. 

In establishments with works councils, works agreements may set out specific regulations regarding time off for job search. For example, they may stipulate the maximum duration of the time off for job search and the remuneration the employee is entitled to during this time.


Additional metadata

Cost covered by
Employer
Involved actors other than national government
Trade union Works council
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

Citation

Eurofound (2015), Germany: Time off for job search, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/time-off-for-job-search/germany

Download as PDF