Probationary Period

A period agreed at the start of an employment relationship – statutorily capped at six months under § 622 (3) BGB – during which a shortened mutual notice period of two weeks applies.

During the probationary period, the general dismissal protection regime does not yet apply (six-month waiting period under § 1 (1) Kündigungsschutzgesetz). In principle, the employer may dismiss without giving reasons – but never arbitrarily: special protections for pregnant employees, severely disabled employees and parental-leave parents, the anti-discrimination rules of the AGG and the duty of good faith remain in force.

If no probationary period is contractually agreed, the regular notice periods apply from day one. For apprenticeships the probation is at least one and no more than four months (§ 20 BBiG). A short legal check before any probationary dismissal is worthwhile because special protections or invalid contract clauses are frequently overlooked.