Extending the probation period: is that even allowed?

The probation period may last no longer than six months. There is no real extension beyond that. Still, employers sometimes try to 'extend the probation period', usually through a termination with an extended notice period or a fixed-term contract. This has consequences you should know about.

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Your chances of getting your money back

The agreed probation period is limited to a maximum of six months; during this time a shortened notice period of two weeks applies (§ 622 BGB). A 'probation period' beyond that does not exist in this form.

After six months, general protection against dismissal often applies in larger companies. A dismissal disguised as an 'extension' does not change this: it remains a dismissal with all protective rights.

What you should do now

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1. Recognize the arrangement
Clarify what is really being offered: a termination with a longer notice period, a new fixed-term contract or just a conversation?
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2. Check protection against dismissal
After six months and in companies with more than ten employees, the Protection Against Dismissal Act often applies, which strengthens your position.
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3. Meet the deadlines
If a dismissal is issued, the 3-week deadline for filing a claim starts running. Do not miss it.
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4. Do not sign anything hastily
Take your time, review termination or fixed-term offers and get advice if in doubt.

How to spot the scam

You are offered an 'extended probation period' of more than six months.
You are asked to sign a new fixed-term contract in order to 'continue' the probation.
A dismissal is played down as a mere 'extension'.

Frequently asked questions

May the probation period be longer than six months?

The agreed probation period with a shortened notice period is limited to a maximum of six months (§ 622 BGB). A real extension beyond that is not provided for.

What does it mean if the employer wants to 'extend'?

Usually this involves a termination with a longer notice period or a new fixed-term contract. Both have legal consequences, such as filing deadlines or fixed-term rules. Check carefully what is being offered.

Do I have better protection after the probation period?

Often yes: after more than six months and in larger companies, general protection against dismissal applies. A dismissal must then be socially justified.

Take action now

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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.