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Termination during the probationary period: what applies?

You were dismissed during the probationary period, or a dismissal is looming? During the probationary period, dismissal is easier, but not entirely without limits. Certain protective rights apply here too.

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During an agreed probationary period (at most 6 months), the employment can be terminated with a short notice period of two weeks (§ 622 BGB). General protection against dismissal usually does not yet exist in the first 6 months.
But special protection against dismissal applies during the probationary period too: for example, in pregnancy, severe disability or during parental leave. In addition, the dismissal must not be immoral, in bad faith or discriminatory.

What you should do now

  1. 1

    1. Check notice and form

    Was the dismissal issued with the correct notice (usually 2 weeks) and in writing? A verbal dismissal is invalid.

  2. 2

    2. Check special protection

    Does special protection apply (pregnancy, severe disability, parental leave)? Then the dismissal is often invalid.

  3. 3

    3. Note the deadline for a claim

    Here too: if you want to challenge the dismissal, observe the 3-week deadline for the claim.

  4. 4

    4. Register as unemployed

    Register as seeking work early to avoid disadvantages with unemployment benefit.

Frequently asked questions

What notice period applies to a dismissal during the probationary period?

As a rule two weeks (§ 622 para. 3 BGB), provided a probationary period of at most six months is agreed. Collective or employment contracts can provide for different (including longer) periods.

Do I have no protection at all during the probationary period?

General protection against dismissal usually only applies after six months. But special protection against dismissal (for example in pregnancy, severe disability, parental leave) applies during the probationary period too, and the dismissal must not be in bad faith, immoral or discriminatory.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.