Probationary period: notice period, duration and protection against dismissal
During the probationary period, either side can terminate the employment with a notice period of only two weeks. More important than the probationary period itself, however, is the six-month qualifying period for protection against dismissal.
How long may the probationary period last?
An agreed probationary period may last no longer than six months. Its purpose is to allow the employer and the employee to get to know each other. A longer probationary period is invalid to the extent that it exceeds six months.
The shortened notice period (§ 622 (3) BGB)
During an agreed probationary period, the employment relationship can be terminated with a notice period of two weeks – without being tied to any particular date. The contract or a collective agreement may provide otherwise.
The probationary period and the qualifying period are not the same thing
The probationary period concerns the notice period. This must be distinguished from the six-month qualifying period under § 1 KSchG: only after it has elapsed – and only in workplaces with more than ten employees – does general protection against dismissal take effect. During the first six months, dismissal is therefore usually possible without any social justification.
What applies during the probationary period – and what does not
Even during the probationary period, special protections against dismissal apply, for example for pregnant women, severely disabled persons or people on parental leave. A dismissal must also be made in writing and must not be immoral or in bad faith.
How to check your probationary period clause
Check the following: Does the probationary period exceed six months? What notice period does the contract state? Do any special protections apply? An automated contract check detects an overly long probationary period or impermissible notice periods.
Relevant law
Frequently asked questions
Six months at most. A probationary period beyond that is invalid to that extent.
Two weeks (§ 622 (3) BGB), without being tied to any particular date, unless otherwise agreed.
General protection against dismissal applies only after the six-month qualifying period (§ 1 KSchG) has elapsed and only in larger workplaces. Special protections (e.g. for pregnant women), however, apply from the very beginning.
During the first six months, usually yes, because general protection against dismissal does not yet apply. The dismissal must, however, be in writing and must not be in bad faith.
Not automatically. An extension is possible only within narrow limits and while observing the six-month maximum.
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General legal information based on your contract — not individual legal advice.