Employees should be able to potentially get to know new employers while their existing employment relationship continues. At least that is what the federal government would like to promote with the so-called job-to-job testing, officially called “measures to test employment prospects”. The measure was roughly outlined in the federal government’s draft law on the “modernization and digitalization of employment promotion”.
“If companies have to cut jobs, it is important that skilled workers move quickly and easily to industries in which they are needed,” explained Bärbel Bas (SPD), Federal Minister of Labor and Social Affairs. The aim is for employees and potential new employers to be able to find out better and faster whether a permanent employment relationship is right for both sides.
In this way, employees should gain insights into the processes at the respective employer and be prepared for possible new activities and areas of responsibility. This offers them the opportunity to orientate themselves and find out whether a change of job is conceivable. In the draft law, the procedure is described as a “transparent and fair process for employees and employers”.
There is no restriction on threatened jobs
Federal Labor Minister Bärbel Bas emphasizes that she wants to offer people at risk of losing their jobs a new perspective as quickly as possible. However, the draft law does not provide for a restriction to this group, as the Federal Ministry of Labor and Social Affairs (BMAS) made clear at the request of our editorial team. The job-to-job test is open to all employees subject to compulsory insurance, provided the legal requirements are met.
The BMAS further explains that testing is possible when the need for a job change becomes apparent. All three parties involved decide on the right time: the employee, the current employer and the company being tested, the BMAS emphasizes to our editorial team.
The current employer is required to submit an application
One of them – the employer – then submits an application for testing to the Federal Employment Agency. He can also submit a collective application for several employees, even if they want to try out a job with different new employers. Approval of the application by the employment agency is mandatory. Otherwise the legal relationship will not come into being. The application is made exclusively electronically via the specialist portal of the Federal Employment Agency. Other forms, such as email, are not possible.
The existing employment relationship and payment of remuneration remain in effect
Anyone who does the job-to-job test does not sign an employment contract with the potentially new company. Furthermore, this should not be viewed as a probationary period that automatically leads to an employment relationship. This is a “sui generis legal relationship”, i.e. a completely new legal form that is created by the planned Section 45a of the Third Social Code (SGB).
This means that the employment relationship between the current employer and the employee remains in place during the job-to-job test. According to Sophie-Clara Schulte, specialist lawyer for labor law at the Noerr law firm, the social insurance coverage will then remain entirely with the previous employer. “This person is still obliged to pay social security contributions and to fulfill all social security reporting obligations,” explains Schulte. Statutory accident insurance coverage through the current employer will also continue to exist during the trial. If the testing does not result in a new employment relationship, the current one will remain in effect.
During the trial period, the employed person is also entitled to wages. The current employer continues to pay the wages, at least in the amount that the employee would have received even without the test. This emerges from the planned Section 45a SGB III.
Duration of the job-to-job test: four to six weeks possible
Employees, employers and the new company also decide together how long the testing period should be. The draft law only sets a maximum time. Employees should be able to try out a job with a potential new employer for up to four weeks, and in exceptional cases up to six weeks, without bureaucracy. This testing period can take place in the form of internship phases, getting to know each other and work samples.
In the event of illness during a job-to-job trial, the employee must report sick to their previous employer, explains lawyer Schulte. However, it is not clear whether a comparable obligation to report also exists towards the potential new employer. According to Schulte, however, for practical reasons it is advisable to inform the trial operation immediately of an illness.
In addition, the draft law suggests that interruptions due to illness or vacation are not taken into account when calculating the duration of the trial. This would actually extend the testing period.
Does protection against dismissal continue to apply?
According to the labor lawyer, protection against dismissal also continues to apply without restriction during the trial period. This also applies to the special protection against dismissal for severely disabled people. This also ties in with the aim of the measure, which is that employees can try out a new job without having to forego the security of their existing employment relationship, said Schulte.
IAB economist assesses measure as an advantage for everyone
Economist Enzo Weber from the Institute for Labor Market and Occupational Research (IAB) assesses the measure positively because it could bring movement to the labor market. He told Deutschlandfunk that the measures had advantages for everyone involved: “There are currently industries that are under pressure and have to restructure themselves, whether they want to or not. That also means cutting employment.” At the same time, the affected employees would then need a new perspective because they “don’t want to stay on the sinking ship,” as Weber emphasizes. Recently, growing companies also desperately needed workers. “We have to get things moving.”
However, trial work alone is not enough, emphasizes Weber. It is crucial to offer packages that actively support employees during the transition. In a Linkedin statement, he specifies his idea of this: “In addition to job-to-job testing, it is important to have individual advice to show development opportunities, placement and networks of companies in the process of restructuring, growing companies and labor market policy.”
In addition, he is also concerned with qualification. The economist considers complete retraining in other professions to be unrealistic when changing jobs. It makes more sense to further develop existing skills in a targeted manner.
Cultural change for all those involved is a prerequisite
Peter M. Wald, Professor of Human Resources Management at the Leipzig University of Technology, Economics and Culture (HTWK), believes that a cultural change for everyone involved is necessary as part of the measure. “The model will only work if those involved are prepared to think and act beyond the classic company and task boundaries.”
This step will be particularly difficult for medium-sized companies in competition, says Wald. But employees must also recognize the concrete opportunities for participation, even if these often only become apparent in the medium and long term. He expects the authorities to take active action. Instead of primarily explaining legal obstacles, they should offer solutions that are appropriate in terms of time and content.
Employers can use experience from transfer companies
According to Professor Peter M. Wald, whether the measure works also depends on whether one learns from existing experiences. In this context he refers to transfer companies. They support companies in reducing staff quickly and in a socially acceptable manner, and in helping employees gain new and further qualifications and thus re-enter the job market.
The experience with transfer companies could provide valuable inspiration, especially when dealing with employees who have worked in the same position for a long time and whose last learning experience dates back a long time.
“Having achieved willingness and cooperation, especially among opinion leaders or key employees, is also likely to be a success factor for these new solutions,” says Wald. In addition, transfer companies could also bring in administrative and organizational experience, for example in cooperation between several companies and authorities, which will also be important in job-to-job testing.
The Federal Cabinet approved the draft law on July 15, 2026. In the next step, it is the Bundesrat’s turn to vote and then the law goes to the Bundestag, where it goes through several voting loops.
Mara Marx is a volunteer at Human Resources.
