Probation period

Why companies use probationary periods and what employees should pay attention to

The probationary period is the phase in which both sides can check within short periods of time whether the employment relationship actually fits – professionally, personally, and organizationally. What is commonly underestimated: Behind this "getting to know you phase" there is a clearly regulated legal framework. Anyone who is aware of this can recognize risks early on and react confidently in the event of termination and secure their own position in a targeted manner.

At the start of a new employment relationship, professional performance is not the only thing that is assessed. What is more important is whether expectations and actual circumstances correlate match:

From the perspective of employees

• Does the job correspond to what was promised in the interview?
• How does the team work together?
• Are there prospects and development opportunities?

From an employer's perspective

• Does the actual performance match what was promised in the interview?
• How well does team collaboration work in everyday work?
• Are there realistic prospects and development opportunities?

In the end, many small observations create an overall assessment on both sides. Actively arrange a feedback discussion before the end of the probationary period—if you don't want to wait, you can also ask for short interim feedback at "halftime."

How long can a probationary period be?

The probationary period may not exceed six months. A shorter duration can be agreed upon at any time, provided both sides agree. What is important is verifiability: Without a clear contractual regulation, there is no "probationary period by virtue of custom." What matters is what is concretely stated in the employment contract.

The maximum duration also applies in the event of illness. Even if incapacity for work ends for a longer period of time the probationary period after six months at the latest, an extension or a "catch-up" of the period There is no legal provision for a probationary period.

Does the probationary period have to be expressly included in the contract?

Yes. A probationary period only has an effect if it is clearly stipulated in the employment contract is. If the regulation is missing or the period is unclear, the special rules for the probationary period apply not. Check the following points in your contract:

• Is the term "probationary period" expressly included in the contract?
• Is the duration clearly stated (e.g., "six months")?
• Are there special notice periods for this period?

The probationary period is only legally effective if it is clearly and correctly agreed upon.

What changes after six months?

After six months, the phase in which dismissals are legal for employers often begins become more demanding.

More protection against dismissal

After six months of employment, the Dismissal Protection Act applies, provided that more than ten employees are regularly employed in the company. Terminations then usually require a social justification, for example on operational or behavioral grounds. or personal reasons.

Other notice periods

At the end of the probationary period, the shortened two-week period usually no longer applies. Instead, the statutory notice periods apply according to Section 622 Paragraph 1 BGB or the contractually agreed deadlines, depending on the structure of the employment relationship.

More stable contract phase

In practice this means: The testing phase is complete and that The employment relationship moves into a legally and organizationally more stable phase.

Termination during the probationary period: process and legal key points

The probationary period does not mean "termination without rules," but rather a termination under simplified legal requirements.

The notice period during the probationary period is two weeks (Section 622 Paragraph 3 BGB). The period begins upon receipt of the notice of termination. What matters:

• Termination is not tied to the end of the month.
• An extension of the notice period is possible through an employment contract or collective agreement.
• A shortening of the statutory deadline is generally only possible on the basis of a collective agreement.
• An immediate end to the employment relationship only occurs in the event of an extraordinary (without notice) termination.

Does a reason for termination have to be given?

Basically no during the probationary period. However, exceptions apply if special protection is required exists, for example during pregnancy. Then the employer regularly needs an official one Consent.

If you notice that it's not a good fit, the short notice period can be an advantage: Self-termination with two weeks instead of a long commitment.

Probationary period and fixed-term contracts: What applies to temporary contracts?

Fixed-term employment contracts can also include a probationary period. Then the two-week period applies. However, the notice period only applies if regular termination is provided for in the contract and the probationary period regulation has been expressly included.

Regardless of the probationary period, the fixed-term contract generally ends automatically on the agreed date, unless another agreement has been made. After the end of the probationary period Ordinary termination of fixed-term contracts is generally excluded, except it is expressly agreed (§ 15 TzBfG).

• Permanent contract: Termination with two weeks' notice during the probationary period
• Fixed-term contract: Two weeks' notice only if contractually agreed and ordinary termination is permitted

In the case of fixed-term contracts, check in particular whether there is a proper termination at all is provided. If this is missing, the only option is often extraordinary termination without notice for an important reason.

Trainees: Special rules that many people are unaware of

In the case of training relationships, the probationary period is defined more narrowly by law:

• At least one month, maximum four months (Section 20 BBiG)
• During this time, the training relationship can be terminated at any time in writing, without notice and without giving reasons (Section 22 Paragraph 1 BBiG).

After the probationary period, termination is only possible under strict conditions, e.g. b. in the event of serious breaches of duty or if the training is finally terminated. The stricter rules for trainees are intended to ensure that young people in training should be particularly protected.

Special protection during the probationary period: who is protected and when?

Maternity protection

In principle, pregnant women may not be terminated (§ 17 MuSchG). The protection takes effect as soon as the pregnancy is known and lasts at least four months after birth. Termination is only possible with the consent of the responsible occupational safety authority.

Important points about maternity protection:

• Protection against dismissal can also apply retroactively: If you only find out about your pregnancy after receiving notice of termination, you should report this within 14 days.
• Inform early and submit a medical certificate.
• Termination is invalid without official approval.

Severe disability

The special protection against dismissal for severely disabled people usually only takes effect after six months of employment:

• Months 1 to 6: No special protection against dismissal (§ 173 SGB IX) – termination is generally possible without the integration office
• From month 7: Consent from the Integration Office required (§ 168 SGB IX)

In the first six months it is generally possible to terminate the contract without contacting the integration office. provided there is no discrimination. Discrimination due to disability is possible § 1 AGG prohibits, a suspicion of discrimination can result in termination even during the probationary period make vulnerable.

Illness during the probationary period: duration, termination, money

Sick days do not change the duration of the probationary period. The probationary period continues and ends as agreed.

Example: The start of the employment relationship on January 1st was agreed Probationary period of six months. A two-week illness in March doesn’t change that – the probationary period still ends on June 30th.

Can the probationary period be extended due to illness?

Regularly no. Even if the illness is prolonged, it remains at a maximum of six months. Contractual extension clauses are not permitted.

• Short illness: No extension, no impact on end date
• Long illness: No extension, remains at a maximum of 6 months
• Extension clause in the contract: Not permitted by law

In special circumstances, for example in the event of later reinstatement or internal change with new contractual regulations – a new probationary period can be agreed. Furthermore: Termination can also be given during an existing incapacity to work, and if you have been with the company for four weeks or more, you are entitled to continued payment of wages (Section 3 EFZG).

Rights and obligations during the probationary period

Your rights

• Feedback: Feedback can be requested – short discussions for familiarization are useful
• Vacation: Pro rata from the first month (BUrlG)
• Self-termination: Without reasons with two weeks' notice. Observe the written form
• Continued payment of wages: From four weeks of employment with the company - before that, sick pay if necessary

Asking and clarifying helps: Vacation, feedback, and task delimitation should be addressed early on. Your duties

Your duties

• Reliability. Punctuality and care in work
• Show initiative in new tasks
• Communicate problems early
• Report sickness correctly: Inform on the first day, certificate from day three at the latest, if not requested earlier

Vacation during the probationary period: How the entitlement arises

Full annual leave only arises after six months (§ 4 BUrlG). Before that it is created Monthly claim pro rata.

Sample calculation (legal minimum vacation for a 6-day week): 24 days per year equals 2 days per month (24 divided by 12). After one month, you will have 2 days to 6 days after three months. After six months, you have full entitlement if the employment relationship continues.

Vacation requires prior approval from the employer. The employer must take your wishes into account as long as there are no urgent operational reasons to the contrary.

Works council: What role does it play in the probationary period?

The works council is also involved in probation – both in hiring and in termination:

When hiring

The employer must provide the works council with information about the person, the planned tasks, and the classification (Section 99 Para. 1 BetrVG). The works council rejects it with viable options reasons, the measure may not be implemented initially.

When canceling

Before any termination, the works council must be consulted (Section 102 Para. 1 BetrVG). Without After a proper hearing, the termination is already formally ineffective (Section 102 Paragraph 1 Sentence 3 BetrVG). The works council does not have the right to veto as it does with hiring, but it can Reveal procedural errors. If there is no hearing, the termination is formally invalid.

Typical problems during the probationary period and sensible reactions

If the environment isn't right

There are typical warning signs that can indicate problems:

• Unclear communication: Makes training significantly more difficult
• No feedback: Development and progress remain unclear
• Constantly changing responsibilities: Sign of lack of structure
• Rejection in the team: Integration is made more difficult

Start the conversation early, clarify your role, and initiate feedback. If nothing improves despite this, the short notice period can be a pragmatic be an exit option.

When pressure builds up

Typical problematic patterns during the probationary period:

• Overtime without agreement
• Threats over minor mistakes
• Devaluation instead of instructions
• Complex tasks without training

Document such incidents, talk to them and set boundaries. Involve the works council or someone you trust. If the burden becomes systematic, a legal review should be carried out to determine whether violations have occurred. One early legal advice can help to strengthen your position.