Till Bender: The costs of the application itself—that is, paper, folder, envelope, photo, and postage—are borne by the applicant. This applies even when applying for an advertised position.
Am I entitled to have my application materials returned?
Yes, the employer may not simply keep or destroy the application materials but must handle them with care and return them once the application process is complete. If the employer wishes to keep the materials—for example, to be able to contact the applicant again if necessary—they may do so only with the applicant’s consent.
Does this also apply to unsolicited applications?
For unsolicited applications (applications submitted without a job posting), there is no right to have the documents returned. After all, the employer did not request that applications be submitted. Anyone who submits an unsolicited application forfeits their documents from the outset.
Who covers the travel expenses to the job interview?
If an employer invites a candidate to a job interview, the employer must also cover the candidate’s travel expenses for that trip. Legally, this is based on Section 670 of the German Civil Code (BGB), which states that a person acting on behalf of another may demand reimbursement of the costs incurred in carrying out the assignment. However, a different rule applies if the employer explicitly excluded reimbursement of these costs in the job posting from the outset. Anyone who travels anyway has no right to reimbursement. In this case, you should carefully consider whether you want to attend such a job interview at all.
To what extent are the costs reimbursed?
According to Section 670 of the German Civil Code (BGB), only necessary costs are reimbursable. What this means in concrete terms is always a matter of the individual case. As a general rule, reimbursement of second-class train fare should not be an issue. You should also be able to claim the costs of driving within the usual limits. The situation is different for airfare and lodging costs. It’s best to clarify this with your future employer in advance. You should also exercise caution when claiming meal expenses.
Can I request reimbursement from the Federal Employment Agency?
Anyone who is unemployed or looking for work can request reimbursement of costs related to job applications. The Federal Employment Agency will only cover these costs if they were necessary, were actually incurred, and were not reimbursed by the employer even though the employer was obligated to do so. It is important to note that, for travel expenses, a request for reimbursement must have been submitted to the Federal Employment Agency in advance.
And what about the Job Center?
Here, too, job application costs are generally covered, provided they were necessary. As with reimbursement from the Federal Employment Agency, however, this is a benefit that is at the discretion of the authority. The situation is different if coverage of the costs is specified in an integration agreement; in this case, there is an enforceable claim.
Can I claim job application costs as a tax deduction?
Yes, job application costs can be claimed as income-related expenses with the tax office to reduce your tax liability.
Does my employer have to grant me time off for a job interview?
You are only entitled to time off for a job interview if your employment relationship has already been terminated. According to Section 629 of the German Civil Code (BGB), the employer must, upon the employee’s request, grant the employee a reasonable period of time to seek another job.
Does this also apply to fixed-term contracts?
This issue has not yet been definitively resolved by the courts. According to the wording of the law, the right to time off applies only in the event of termination, which is precisely not the case with fixed-term contracts. However, this would amount to discrimination against employees with fixed-term contracts. It can therefore be assumed that the right to time off to search for a new job exists for a period corresponding to the notice period.
Note: IG Metall members are represented free of charge by attorneys from DGB Rechtsschutz GmbH in labor and social courts, if necessary. The first point of contact for any issues is your local IG Metall office. More information is available here.