Klartext Recht

Minijob Employment Contract: You Also Have These Rights as a Temp

2026-05-29

Last Updated: May 2026
Reading Time: approx. 5 minutes

Legal Disclaimer: This article provides legal information based on the BGB and current labor laws. It does not constitute legal advice. In the event of specific conflicts with your employer, you should consult a specialist lawyer for labor law or a responsible trade union.

Minijob Employment Contract: You Also Have These Rights as a Temp

Many employees and employers mistakenly believe that different laws apply to a minijob employment contract than to a full-time position. However, from a legal perspective, minijobbers (marginally employed persons) are part-time employees. This means: You generally have the same rights as your full-time colleagues. Anyone who works as a temp is not a second-class employee. In our labor law guide, you will find further basic information.

1. Principle of Equal Treatment and Basic Rights

According to the principle of equal treatment, a minijobber may not be treated worse than a comparable full-time employee because of the part-time work.

  • Holiday entitlement: Even as a temp, you have a statutory right to paid annual leave.
  • Continued payment of wages: If you are sick, you are entitled to continued payment of your earnings for up to six weeks.
  • Public holidays: If your agreed working time falls on a statutory public holiday, this day must be remunerated.

2. The Written Contract and Content Control (Section 307 BGB)

Although employment contracts can also be concluded verbally, the written form is strongly recommended for minijob employment contracts in order to create clarity about working hours and tasks. Here, the clauses are subject to content control according to Section 307 BGB:

  • Provisions in standard contracts are invalid if they unreasonably disadvantage the minijobber contrary to the requirements of good faith.
  • A clause is already invalid if it is not formulated clearly and understandably.
  • Regulations that restrict essential statutory rights (such as holiday entitlement) violate the essential basic principles of the law and are void.

3. Protection Against Dismissal in a Minijob

The statutory notice periods also apply to minijobs. Being "thrown out" from one day to the next is not legally permissible.

  • The statutory basic notice period is four weeks to the 15th or to the end of a calendar month.
  • The general protection against dismissal under the Dismissal Protection Act (KSchG) also applies here, provided the company has more than ten employees and the employment relationship has existed for more than six months.
  • If the minijob is your secondary employment to your main profession, you must observe the information obligations towards your main employer, as we explain in our article on secondary employment.

4. Continued Payment of Wages and Duties

The core duties from the employment relationship result from the BGB. The employer is obliged to pay the agreed remuneration, while the employee provides the promised service.

  • The employer must maintain the workplace in a condition that enables the contractual work.
  • If work is prevented by illness, this must not be at the expense of the agreed remuneration according to the general legal framework.

Smart Preparation through AI Analysis

Minijob contracts often contain outdated wording or clauses that raise questions regarding holidays or continued payment of wages. Jurivo supports you in your preparation:

  • Clause Orientation: The AI supports you in checking whether your minijob contract contains typical blanket restrictions that are frequently inadmissible with regard to Section 307 BGB.
  • Holiday Overview: Based on your actual working days, determine a guide for your potential holiday entitlement according to legal patterns.
  • Deadline Check: Receive a structurally prepared overview of whether the termination regulations agreed in the contract correspond to the usual statutory framework periods.

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Status of Legislation: May 2026.