Dismissal During Probation: Your Rights

Dismissal during probation: the short answer

During probation, dismissal is easy, but not unlimited. Three sentences sum up the legal position: a notice period of two weeks with no fixed effective date applies (§ 622 para. 3 BGB). The employer needs no reason for dismissal, because the Unfair Dismissal Protection Act only applies after more than six months of employment (§ 1 para. 1 KSchG). And yet the dismissal can still be invalid, because a range of limits apply from your very first day: written form, works council consultation, the prohibition on victimisation, the anti-discrimination rules, and special protection for pregnant employees and parents in parental leave.

The third point is regularly underestimated. Whether your dismissal holds up almost never depends on whether your employer had a good reason, but on whether they kept to the correct form and involved the right people.

A note on scope: this page covers only dismissal during probation. For everything about probation in general (duration, holiday, illness, fixed terms), see our guide on Probation Under Employment Law.

Important up front: even a flawed dismissal during probation becomes final if you don’t file a claim within 3 weeks of receiving the written dismissal (§ 4 KSchG). This deadline applies even if you have no unfair dismissal claim protection under the KSchG at all.

The notice period during probation: two weeks, no fixed date

During an agreed probationary period, up to a maximum of six months, employment can be terminated with two weeks’ notice (§ 622 para. 3 BGB). Three things about this matter most:

• No fixed termination date. Unlike the regular notice period under § 622 para. 1 BGB (four weeks to the 15th or the end of the month), employment doesn’t have to end on a specific date. It ends exactly two weeks after receipt, even mid-month.
• The period applies to both sides. You can give two weeks’ notice just as your employer can.
• What matters is receipt, not the date on the letter. Decisive is the day the dismissal reaches your sphere of control in a way you could normally take notice of, usually the day it lands in your letterbox.

Extending the two-week period through an employment or collective agreement is entirely possible and common. So check your contract first: if it sets one month for probation, one month applies. Shortening it below the statutory two weeks is practically only possible through a collective agreement. Everything on calculation and stages after probation is in Notice Period and in our glossary under Notice Period.

Worked example 1: receipt mid-month

The dismissal lands in your letterbox on 20 March. The day of receipt itself doesn’t count for the calculation, so the period starts on 21 March and runs two weeks. Your employment ends at the close of 3 April. The end of the month or the 15th play no role.

Worked example 2: dismissal shortly before probation ends

You started on 1 January, with six months’ probation, ending at the close of 30 June. The dismissal reaches you on 28 June. That’s enough: what matters is that it arrives while probation is still running, the end of the notice period can fall afterwards. Your employment ends on 12 July. If the same dismissal only arrives on 1 July, probation is over: the regular period under § 622 para. 1 BGB then applies, and employment ends only on 31 July. Three days here make almost three weeks’ difference in pay.

Not sure which notice period really applies to you? Start with our severance calculator, it places your case in 2 minutes and shows whether pushing back is worth it.

Probation isn’t the qualifying period: the difference almost everyone misses

Most misunderstandings arise here. Probation and the qualifying period are two different legal concepts, confused only because they usually coincide in practice:

• Probation is a contractual arrangement. It only exists if it’s written into your employment contract, and can last at most six months. Its only effect on notice: the shortened two-week period under § 622 para. 3 BGB.
• The qualifying period is set by law and always lasts six months. Only afterwards does the general protection under the KSchG apply (§ 1 para. 1 KSchG). It runs regardless of whether probation was even agreed.

This produces a situation that surprises many: if a probation of three months is agreed, only the shortened notice period ends after three months. The six-month qualifying period keeps running. So in months four to six, the regular period under § 622 para. 1 BGB applies, but you still have no unfair dismissal claim protection. Your employer still needs no reason in this in-between phase, they just have to give you longer notice.

Important: from month seven, unfair dismissal claim protection only applies if the business regularly employs more than ten people (§ 23 para. 1 KSchG). In small businesses, the employer permanently needs no reason. What still applies there is explained under Unfair Dismissal Protection in Small Businesses, and the right notice period after probation is covered in ordinary dismissal.

A second effect: if you’re dismissed on the 25th day of month six, your employment only ends in month seven. Protection still doesn’t apply, because the qualifying period depends on the receipt of the dismissal, not on when employment ends. That’s why dismissals often cluster shortly before the six-month mark.

Why no reason for dismissal is needed and what that means in practice

The Unfair Dismissal Protection Act requires social justification for a valid dismissal, that is, operational, conduct-related, or personal grounds. This check doesn’t happen in the first six months. In practice, that means:

• Your employer doesn’t have to give a reason, neither in the dismissal letter nor later in court. A letter without any explanation is normal during probation, not an error.
• No warning notice needed. The requirement to try a warning notice (Abmahnung) as a milder measure first follows from the KSchG’s proportionality test and falls away with it.
• No social selection. This too is a KSchG check and doesn’t apply.
• The reason still can’t be a prohibited one. If it demonstrably stems from victimisation or discrimination, that alone makes it challengeable.

So during probation, protection isn’t about content, only about form and specific special protections. Arguing "that was unfair" gets you nowhere. Checking the formalities and special circumstances often does. More under Dismissal Without Reason.

Where a dismissal during probation can still fail

The following six points apply regardless of probation or the qualifying period. If one applies, the dismissal is invalid, no matter how good your employer’s reasons were.

1) Written form: the most common error

A dismissal must be in writing, and electronic form is expressly excluded (§ 623 BGB). So the following are invalid: email, WhatsApp or SMS, fax, scanned PDF, photocopy without an original signature, and any verbal dismissal. What’s needed is a paper document with an original handwritten signature. This is where a lot goes wrong, especially in quick probationary separations.

2) Authority: who actually signed?

If someone signs who isn’t a legal representative or authorised signatory, say a manager or an HR clerk, and the letter has no original power of attorney attached, you can reject the dismissal under § 174 BGB. It’s then invalid. But you must object without delay, meaning within a few days. This card is quickly lost.

3) Works council consultation: applies during probation too

If a works council exists, it must be consulted before every dismissal (§ 102 BetrVG). Without proper consultation, the dismissal is invalid, during probation just as after twenty years, because § 102 BetrVG has no qualifying period. Because many employers treat a probationary dismissal as a formality, consultation is often skipped or done carelessly here. How the body works is explained under Works Council.

4) Prohibition on victimisation: dismissal as retaliation

Your employer may not disadvantage you for lawfully exercising your rights (§ 612a BGB). Anyone who demands unpaid wages, documents overtime, or insists on breaks and is then dismissed has a real point of attack. The catch: you must be able to show the connection. A close time gap and documented statements help a lot here.

5) Immorality and good faith

A dismissal that violates public morals is void (§ 138 BGB), and even outside the KSchG, a minimum of social consideration remains owed under § 242 BGB. The bar is high: reprehensible motives, arbitrariness, contradictory conduct. This rarely carries a case alone, but works well as a supplement.

6) Discrimination under the AGG

A dismissal linked to gender, age, origin, religion, disability, sexual identity, or belief violates the prohibition on discrimination under § 7 AGG in conjunction with § 1 AGG. The AGG has no qualifying period. Besides invalidity, a compensation claim under § 15 AGG may apply, but it must be asserted in writing within two months. More under Discrimination in the Workplace.

Check these six points before you accept the dismissal. The full sequence of first steps after receipt is under Received a Dismissal: What Now?, and our severance calculator places your case in 2 minutes.

Special protection applies from day one, with one important exception

General protection under the KSchG has a qualifying period. Special protection usually doesn’t. If you fall under one of these categories, you’re largely protected even during probation.

Pregnancy: under § 17 MuSchG, dismissing a pregnant employee is prohibited if the employer knows of the pregnancy, or is informed within two weeks of receiving the dismissal. It’s only permitted if the responsible authority has exceptionally approved it in advance. The rule has no qualifying period. Details under Dismissal During Pregnancy.

Parental leave: from the moment you request parental leave, at the earliest eight weeks before it starts, and throughout parental leave, your employer may not dismiss you (§ 18 BEEG), again with no qualifying period. More under Dismissal During Parental Leave.

Severe disability: the exception. This is often stated wrongly. The requirement of prior approval from the integration office under § 168 SGB IX doesn’t apply if, at the time the dismissal is received, employment hasn’t yet lasted more than six months without interruption (§ 173 para. 1 no. 1 SGB IX). So in the first six months, even severely disabled employees can be dismissed without authority approval. The AGG remains unaffected: if the dismissal is clearly linked to the disability, it’s still challengeable. More under Dismissal With Severe Disability, and an overview of all protected groups is in Special Protection Against Dismissal.

Summary dismissal during probation: the bar stays high

Some employers assume they can dismiss without notice at all during probation. The opposite is true: summary dismissal is still governed by § 626 BGB here too. It needs good cause, meaning facts making it unreasonable to continue employment until the notice period ends.

The point that especially matters during probation: the reasonableness test relates to the actual applicable notice period. If employment would end in two weeks anyway, the employer must explain why even those two weeks are unreasonable. This bar is much higher than with a notice period of several months. The 2-week declaration deadline under § 626 para. 2 BGB, running from knowledge of the relevant facts, also applies.

A summary dismissal is often issued "in the alternative as an ordinary dismissal": if good cause fails, at least the ordinary dismissal should stand. More under summary dismissal and extraordinary dismissal. If the employer bases the dismissal on mere suspicion, the strict rules on dismissal on suspicion apply too, particularly the requirement of a prior hearing.

The 3-week deadline applies to you too

A costly misconception is: "I have no unfair dismissal protection during probation anyway, so the claim deadline doesn’t matter to me." That’s wrong. Under § 4 KSchG, you must file a claim with the labour court within 3 weeks of receiving the written dismissal if you want to argue it’s invalid for any reason. The wording expressly covers invalidity "for other reasons" too.

In practice, that means: breach of written form, missing works council consultation, victimisation, breach of special protection, all of it must be brought to court within the deadline. If you let the three weeks pass, the dismissal is treated as valid from the start, even if it was obviously flawed. A letter of objection, an email, or a conversation does not preserve the deadline.

A special case: if the dismissal requires approval from an authority, for example with pregnancy, the claim deadline only starts once you’re notified of the authority’s decision. Never rely on such nuances: count three weeks from the day you had the letter in hand. Our deadline calculator for unfair dismissal claims works out how many days remain, and Unfair Dismissal Claim explains how the process runs.

Severance pay after a dismissal during probation: an honest assessment

We’ll say this openly, because a false expectation does more harm than good here: severance pay after a probationary dismissal is the exception. There’s no statutory entitlement, and in practice severance almost always arises as the price for the employer removing a litigation risk. Precisely the lever that creates that risk is missing here: where no reason is required, none can be shaken. On top of that, the maths works against you. The usual rule of thumb is 0.5 gross monthly salaries per year of employment, and for short employment that produces small amounts.

Worked example: the rule of thumb at six months

€750 isn’t worth fighting over, which is exactly why employers usually offer nothing during probation. What generally affects the amount is covered under Severance Pay: How Much.

The exception where the stakes suddenly rise

If the dismissal fails due to a formal error or special protection, though, the situation reverses, often disproportionately. The reason is economic: if the dismissal is invalid, employment continues, and the employer owes wages for the whole period they wrongly refused to accept your work, meaning back pay for delay in acceptance (§ 615 BGB).

Example: at €3,000 gross and proceedings lasting six months, €18,000 in back pay could be at stake, plus the prospect of continuing to employ someone the employer no longer wants. Any settlement sum is measured against that figure. A probationary dismissal that fails on a single formal error can therefore be worth far more than the rule of thumb suggests. The decisive step isn’t negotiating, it’s timely review.

First check whether you have any leverage at all: The severance calculator gives you a first orientation in 2 minutes, at no upfront cost and without obligation.

Unemployment benefit after a probationary dismissal

This point matters to many people more than severance pay and is often overlooked. You’re only entitled to unemployment benefit if you meet the qualifying period: at least twelve months in insurable employment within the reference period (§ 142 SGB III). The reference period spans 30 months, counted back from the day you register as unemployed (§ 143 SGB III).

Important: after just a few months of employment, this is usually not met if you hadn’t worked before, for instance coming straight from your studies. But if you were already in insurable employment during the last 30 months, those periods count. Work through the last two and a half years before assuming "no entitlement."

Suspension period: for a dismissal by your employer that you gave no insurance-relevant cause for, no suspension period for quitting work applies (§ 159 SGB III). It’s different if you resign yourself or sign a termination agreement. All scenarios are covered under Benefit Suspension Period.

Register as a jobseeker immediately. Under § 38 SGB III, if less than three months lie between when you find out and the end of employment, which is always the case with two weeks’ notice, a three-day deadline from when you find out applies. Miss it, and a separate, shorter suspension period for late registration threatens. Registering doesn’t harm your claim. If severance does result, Severance and Unemployment Benefit explains when it affects your entitlement.

Termination agreement instead of a probationary dismissal: almost never in your favour

A common pattern: instead of dismissing you, your employer offers a termination agreement (Aufhebungsvertrag), often with "it looks better on your CV." During probation, this offer is almost always worse than a dismissal. Signing it means you’re ending the employment relationship yourself, risking a suspension period of usually twelve weeks (§ 159 SGB III). An employer dismissal with no fault of yours doesn’t carry that risk.

On top of that, signing gives up every point of attack. Formal errors, missing works council consultation, special protection, all becomes worthless. And the claimed CV advantage usually isn’t one: a qualified reference doesn’t reveal the reason for termination unless you want it to.

The full weighing-up is under Termination Agreement or Dismissal and Termination Agreement. In short: sign nothing during the meeting, ask for time to consider, have the draft reviewed. A signed termination agreement is practically impossible to undo.

Your reference after a short period of employment

Even after just a few weeks, you’re entitled to a written reference when employment ends, and you can request it also cover performance and conduct, making it a qualified reference (§ 109 GewO). The law sets no minimum length of employment. Written form applies here too.

Two things are worth watching. First: the reason for termination has no place in the reference unless you explicitly want it there. You can object to wording that hints at a probationary dismissal. Second, a reference must be worded with goodwill and must contain no hidden codes. For short employment, a brief description of duties is normal, a demeaning assessment is not. More under qualified reference. What happens to unused holiday is explained in Unused Holiday on Dismissal.

What you should do now

The order matters, because two deadlines run in parallel: three weeks for the claim, three days for jobseeker registration. Work through this list top to bottom.

1. Note the date of receipt. Not the date on the letter, but the day it actually reached you. Keep the envelope. The 3 weeks under § 4 KSchG run from this day.
2. Check the form. A paper letter with an original handwritten signature? Email, photo, scan, or copy aren’t enough (§ 623 BGB).
3. Check the signature and reject it immediately if needed. If someone without clear authority signed and no original power of attorney was attached, reject the dismissal in writing without delay under § 174 BGB.
4. Register as a jobseeker immediately (§ 38 SGB III), at the latest three days after finding out, regardless of whether you file a claim.
5. Get your contract out. Does it even set a probationary period, and how long? Is a longer notice period agreed? Without agreed probation, the two-week period doesn’t apply.
6. Check for special protection. Pregnancy, parental leave, works council office. If you’re pregnant and only find out now, inform your employer within two weeks of receipt.
7. Ask the works council whether and how it was consulted. A missing or flawed consultation makes the dismissal invalid (§ 102 BetrVG).
8. Sign nothing. No termination agreement, no settlement receipt, until your case has been reviewed.
9. Get your case reviewed and decide. Whether a claim is worthwhile hinges on points 2, 3, 6, and 7. If none apply, the honest answer is usually: look ahead instead.

First get an overview: The severance calculator shows you in 2 minutes how your case stacks up.

How can we help you?

A dismissal during probation feels like a verdict with no appeal. Most of the time it is one, but not always, and the difference lies not in the reason, but in form, involvement, and special protection. That’s exactly what we check together with lawyers specialising in employment law: does the letter meet the written form requirement? Who signed it, and with what authority? Was the works council consulted? Does special protection apply? And is the notice period calculated correctly?

We carry the risk: purely success-based, at no upfront cost. Start with a first assessment through our severance calculator, it only takes 2 minutes. And keep both clocks in mind, already ticking: 3 weeks for the claim, 3 days for registering with the employment agency.