Termination
"Passed? Keep working for now, the contract will come later."
You passed the final exam and keep working without a new contract.
§ 21 Abs. 2 BBiG / § 24 BBiG
This is allowed
Then you automatically have a permanent employment contract.
The training ends when the exam result is announced if you pass before the contractual end date (§ 21 (2) BBiG). If you keep working afterwards without anything else being expressly agreed, a permanent employment relationship arises automatically (§ 24 BBiG) — with a skilled worker's salary instead of training pay. A fixed-term contract presented later no longer changes that, because a fixed term must be agreed in writing before work begins. Your salary then follows the collective agreement, your agreement, or what is customary at the company for comparable skilled workers.
What the law says
§ 21 (2) BBiG – End
If trainees pass the final exam before the end of the training period, the training relationship ends when the examination board announces the result.
§ 24 BBiG – Continued work
If trainees are employed after the training relationship without anything being expressly agreed, an employment relationship of indefinite duration is deemed to have been established.
§ 14 (4) TzBfG – Written form
A fixed term in an employment contract must be in writing to be effective.
What you can do
- Note the date on which the result was announced to you.
- From then on you are entitled to a skilled worker's salary — not training pay.
- Do not sign a fixed-term contract presented afterwards without checking it.
- Get your continued employment confirmed in writing.
Email template for your trainer
Subject: Continued employment after passing the final exam
Dear [name of trainer],
on [date] the result of my passed final exam was announced to me. Since then I have continued working at the company without a separate agreement.
Under § 24 BBiG an employment relationship of indefinite duration has thus been established. I would ask for written confirmation and for information about my salary from [date].
Kind regards
[Your name]
More cases: Termination
- One more time and you're out!
- You're getting a warning!
- Just sign here…
- A reference? You don't need that!
- During the probationary period you can be sacked any time.
- Late once → dismissal without notice!
- Sue if you like, you don't stand a chance.
- After the training you stay with us for two years — it's in the contract.
- You want to quit? It's not that easy.
- You're fired. — via WhatsApp
- Being kept on? You have no right to that.
- You're ill too often — we have to part ways.
- Pregnant during your training — that doesn't work here.
- The company is bankrupt — what happens to you?
- We're extending your probation by three months.