For companies with an open position
Replacement guarantee – what applies during probation
The new hire leaves after a few weeks? Whether you pay a second time depends only on your contract with the recruiter. Here is what common guarantees look like.
Common models
Free replacement
The recruiter finds a successor without a new fee if the placed person leaves within the guarantee period.
Tiered refund
Part of the fee is refunded – the earlier the departure, the more, for example the full amount in the first month and gradually less after that.
Fee in instalments
Part of the fee only falls due after probation. If the person leaves earlier, the second instalment lapses.
No guarantee
That is possible too. The fee should then be noticeably lower than for an offer with a guarantee.
How to protect yourself
- 1
Set the guarantee period
Usually as long as the probation period – which may last at most six months in Germany.
- 2
Clarify the triggers
Does the guarantee apply if the employee resigns, if you terminate, or both? Redundancies are usually excluded.
- 3
Choose the remedy
Replacement, refund or a choice of both – and by when you decide.
- 4
Agree on deadlines
By when you report the departure and how quickly the recruiter sends new proposals.
- 5
Put it in the contract
The guarantee belongs in the placement contract or order confirmation, not only in a phone call.
Is there a statutory guarantee?
No. For placements paid by the company there is no statutory obligation to replace or refund. What applies is only what the contract says – so check before you commit.
Checklist: the guarantee in the contract
With these points it is clear what happens if the new hire leaves early.
Duration
Guarantee period in months, counted from the first working day.
Triggers
Which endings count – termination by whom, a mutual termination agreement too?
Remedy
Replacement without a new fee or a refund, tiered by month.
Exceptions
Redundancy, a substantially changed role, breaches of agreements.
Process
Reporting deadline, deadline for successor proposals and payment of a refund.
Compare terms before releasing a contact
On SilentHire you see the fee for every candidate profile before you release the contact. Questions about guarantees and replacements can be settled first in the anonymous chat with the recruiter.
The platform is free for companies. You agree guarantee and fee directly with the recruiter. This overview is not legal advice.
Frequently asked questions about replacement guarantees
What is a replacement guarantee?
The recruiter's promise to find a successor without a new fee if the placed person leaves within an agreed period.
How long does a replacement guarantee usually last?
Usually as long as the probation period, i.e. up to six months. Longer guarantees are possible but rarer.
Do I get the fee back if the new hire resigns during probation?
Only if your contract provides for it. Tiered refunds are common, for example a full refund in the first month and gradually less after that.
Does the guarantee also apply if I terminate?
That depends on the contract. It often applies for reasons relating to the employee's person or conduct, but not for redundancy.
Can I compare guarantees on SilentHire?
You see the fee up front and can ask about the guarantee terms in the anonymous chat before releasing a contact. They are agreed directly with the recruiter.
Sources
Last reviewed: 7 November 2026