Probation Period — Rights, Notice Periods and Tips to Succeed

What is the Probation Period?

The probation period is a timeframe at the beginning of an employment relationship where the employer and employee can get to know each other and assess each other. During the probation period, shortened notice periods apply — both sides can end the employment relationship more easily.

The probation period is not legally required — it is agreed upon in the employment contract. In practice, however, it is almost always part of an employment contract.

Duration of the Probation Period

Legal Regulations

• Maximum: 6 months (§ 622 Abs. 3 BGB)
• Typical: 3 to 6 months
• Apprenticeships: 1 to 4 months (§ 20 BBiG)
• Fixed-term contracts: Probation period must not be unreasonably long (rule of thumb: max. 1/4 of contract duration)

What's in Your Employment Contract?

Check your employment contract for:

• Probation period duration (e.g., "The first 6 months are considered probation")
• Notice period during probation (usually 2 weeks)
• Extension — extension beyond 6 months is not permitted (except by mutual agreement in a collective bargaining agreement)

Termination During Probation

Notice Period

During probation, a shortened notice period of 2 weeks applies (§ 622 Abs. 3 BGB) — without restriction to specific dates (15th or month-end).

Comparison:

Does Termination Need to Be Justified?

• During probation: The employer does not need to give a reason (the Protection Against Wrongful Dismissal Act only applies after 6 months of employment, § 1 KSchG)
• Exception: Pregnant women, severely disabled persons, works council members receive special protection — even during probation!

What is Prohibited?

The employer cannot terminate during probation:

• Because of pregnancy (§ 17 MuSchG) — protection from day 1!
• Because of severe disability — only with approval of the integration office
• On discriminatory grounds (AGG) — e.g., origin, religion, gender
• Because of works council membership
• In a morally reprehensible manner — e.g., as retaliation for a justified complaint

Form of Termination

• In writing — oral termination is invalid (§ 623 BGB)!
• Original document — email, SMS, WhatsApp are not sufficient!
• Delivery — handed over personally or by registered mail

Your Rights During Probation

What Already Applies During Probation?

• Salary — full agreed salary (no reduced probation salary!)
• Vacation — proportional entitlement (1/12 of annual vacation per month, full entitlement after 6 months)
• Illness — continued pay during illness after 4 weeks of employment (§ 3 EFZG)
• Overtime — the same rules apply as after probation
• Workplace safety — all workplace safety laws apply from day 1
• Works council — you can vote for the works council and contact them

What Does NOT Yet Apply?

• Protection Against Wrongful Dismissal Act — applies only after 6 months
• Full vacation entitlement — only after 6 months (before: proportional)
• Full sick pay — only after 4 weeks of employment

Tips for Passing Probation

The First Weeks

1. Be punctual — In Germany, punctuality is extremely important. Arrive 5 minutes early rather than late.
2. Listen carefully — Ask questions, show interest, take notes.
3. Observe company culture — What's the dress code? Do people use first names? What are the break times?
4. Get to know colleagues — Introduce yourself actively, be friendly and open.
5. Admit mistakes — Nobody expects perfection. But: acknowledge mistakes and learn from them.

Throughout the Probation Period

1. Actively seek feedback — Ask your supervisor regularly: "Are you satisfied with my work?"
2. Show initiative — Don't just do assigned tasks, think ahead.
3. Proper sick notification — Inform your employer on the first day of illness; provide medical certificate from the third day (some employers require it from day one).
4. Probation meeting — Many companies conduct a meeting midway or at the end of probation. Prepare for it.
5. Document in writing — Note your successes, projects, and positive feedback.

What to Avoid

• Frequent absences — even if you're entitled to sick days, frequent absence during probation looks bad
• Conflicts — refrain from criticism during probation
• Private phone use — not during work time
• Gossip — about colleagues or supervisors
• Taking vacation too early — better wait 2–3 months

Probation Period and Residence Status

For foreigners, the probation period is particularly critical:

• Blue Card EU / Skilled Worker Visa: If you're terminated during probation, you must find a new job within 3 months (or your residence status may be jeopardized)
• Notify immigration office — when changing employers
• Search for new job — actively during notice period

Received Termination During Probation — What to Do?

1. Stay calm — termination is not the end of the world
2. Check termination — in writing? Notice period met? Discrimination?
3. Request work certificate — you're entitled to one even after short employment
4. Notify employment agency — register as job-seeking within 3 days of termination! Otherwise, you risk a waiting period for unemployment benefits.
5. Check residence status — clarify impact on your visa
6. Union / Lawyer — if you suspect discriminatory termination

Frequently Asked Questions

Can the Probation Period Be Extended?

No — extension beyond 6 months is not possible. The employer can, however, agree on a fixed-term contract for 6 months and then decide whether to keep you.

Can I Quit During Probation?

Yes — with the same shortened notice period of 2 weeks. But think it through carefully — frequent short employments don't look good on your CV.

Do I Get Unemployment Benefits If Terminated During Probation?

Yes — if you meet the requirements (at least 12 months of social insurance coverage in the last 30 months). But: waiting period possible for voluntary resignation!

Editorial hamboorg.city · As of: April 2026 · Carefully prepared, regularly updated. Content is informational and does not replace legal advice.