Agree on a probationary period in a legally compliant way

I will explain what is permitted and what is not:

➡️As a rule, the probationary period may not exceed six months. An extension beyond this is not possible.

➡️Simplified termination rules apply for both sides: Either party may terminate the employment relationship with two weeks’ notice and without stating reasons.

➡️The only exception is if the person being dismissed is pregnant.

Probationary-period dismissals are often issued at the last minute. Formal errors can therefore have far-reaching consequences if, for time reasons, the dismissal can no longer be repeated afterwards:

❌The dismissal was not given in the written form required by law (but, for example, only verbally or by email).
❌The dismissal was received by the person being dismissed only after the probationary period had ended.
❌The dismissal was rejected because the person giving notice was not authorised to do so.
❌The works council was not adequately consulted before the dismissal.

What has your experience been with the probationary period? Useful or unnecessary?

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➡️ I would be happy to advise you on your specific matter.

Last updated on 25. June 2026

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