1. meaning and purpose of the probationary period

According to statistics, one in five employment relationships in Germany ends during the probationary period. This period can be particularly difficult for employees. Some people take a completely relaxed view of the probationary period, while others every day as a sword of Damocles hovering over you and already have a bad to work with a bad feeling. One example: Company XY has decided to take on Mark S. as a new employee and signs a fixed-term employment contract with him. His CV had been reasonably acceptable, his references mediocre, but the young man's competent and likeable manner was ultimately convincing. A work trial had also turned out to everyone's satisfaction. Despite some reservations, the personnel manager wanted to give him a chance in his company. Mark S. had to prove himself and he did his best. The best is not always good enough, but in this case it was. The new employee proved to be reliable and was interested in the operational context. He quickly made good contact with his superiors and colleagues and his work performance left nothing to be desired. Mark S. successfully passed the probationary period and is now in an initially fixed-term employment relationship with the option of making it permanent, that this can become permanent. Of course, things could have turned out differently and the collaboration would have ended quickly. Something like this can happen when your own positive expectations are unpleasantly overtaken by reality. As in this case:

The probationary period in the employment relationship should be seen as an opportunity for both employer and employee. It allows both sides to "test" whether a fixed-term or permanent employment relationship makes sense. The employer can check the employee's skills and knowledge, see how well the new employee fits into the team and whether all the other key points are right. The employee can assess their future job and everything that and make his decision.

2. duration of the probationary period

The probationary period for an employment relationship is specified in the employment contract, and the duration can vary. There are different options depending on the type of contract. The permanent employment contract, the fixed-term employment contract, the fixed-term probationary employment relationship and the training relationship.

What is what and what about the probationary period?

The probationary period is usually 6 months not exceed, However, there is no statutory upper limit. According to § 622 Para. 3 BGB (German Civil Code), the shortened notice period of 2 weeks for the probationary period is applicable to an employment relationship for a maximum of 6 months. A probationary period is not mandatory. Employee and employer can agree within the probationary period mutually agree within the probationary period that an originally shorter probationary period is extended to up to six months.

The regulations on notice periods can be found in the German Civil Code (BGB) - here is an excerpt:

With a open-ended employment contract ("open-ended employment contract with preceding probationary period"), notice of termination must be given within the probationary period, if the employment relationship is not to be continued after the end of the probationary period. If no notice of termination is given, the employment contract is valid for an indefinite period.

Also for a fixed-term employment contract a probationary period can be agreed. If the probationary period is successfully completed, the employment contract then ends as agreed in the contract. (Example: The fixed-term employment contract begins on 01.01.2025 and ends on 31.12.2025 and the agreed probationary period is 3 months. If neither party terminates the contract within the probationary period, the contract automatically runs until 31.12.2025 and ends then without that a termination must take place).

With a Training relationship MUST a probationary period can be agreed. This is between one and four months.

There is also a Temporary trial employment relationship - such an employment relationship is concluded for the purpose of a trial period, the duration must be appropriate. (Contract with a material reason). This contract must be in writing - it it ends automatically when the trial employment relationship ends.

If no probationary period has been agreed in the employment contract, this means that although notice of termination cannot be given with the shortened notice period of 14 days, the Protection against Dismissal Act only applies after six months of uninterrupted service with the company. of uninterrupted employment with the company. Termination without giving reasons is also not possible.

Attention: Collective agreements may contain other deadlines, which must then be applied.

3. vacation during the probationary period

Imagine the following scenario:
You think you have job security and book an expensive vacation for the following year. At the beginning of the new year, you get the shock news that your employer is insolvent and you have to look for a new job.

Your job search is successful and you can start your new job on April 1. Of course, the employment contract includes a probationary period - in this case six months. This means that your planned vacation would fall within the probationary period...

According to § 4 BUrlG (Federal Leave Act), you are only entitled to the full amount of annual leave after the end of the probationary period. According to § 5 BUrlG, you are entitled to partial leave for each month of an existing employment relationship, depending on the situation.

Another legal regulation in the Federal Leave Act states:

In summary, this means that you have to save up your vacation entitlement during the probationary period. Unforeseen events, such as a death in the family, naturally justify a few days off. The basis for this can be found here:

In principle, of course, it is not "forbidden" to apply for vacation during the probationary period, but whether it makes tactical sense, you have to find out for yourself. The fact is that an employer is not obliged to grant longer leave during the probationary period.

In our example, this means that you need to discuss and agree on such vacation plans before signing a contract. In case of doubt, you are faced with the decision "New job" or "Financial loss due to not taking the vacation".

4. illness during the probationary period

What happens if you fall ill during your probationary period? Case 1:

Melanie R. falls seriously ill after two months of probation,
she shares inform the employer immediately and submit their certificate of incapacity for work.

Case 2:
On the morning of the second working day of her probationary period, Sarah R. has a slight cold and is therefore put on sick leave by her doctor for three days.

Will this now have consequences and perhaps even result in dismissal?
This depends on the employer, the Individual circumstances and the operational concerns. There is no obligation to give reasons for termination during the probationary period.

The fact is, of course, that you will and must stay away from work if you have a serious and infectious illness. Whether you feel unable to work because of a small cold is something that everyone has to decide for themselves.

It is important to fulfill your obligations. This means informing your employer immediately if you are unable to come to work.

You should also take a look at the employment contract and find out when a certificate of incapacity to work must be submitted. In most cases, this will only be from the fourth day of illness, but the first day of absence can also be contractually agreed. Another duty of the employee is to ensure that they recover as quickly as possible.

What about payment? If you have already been working for the new employer for more than four weeks (28 days) without interruption, in the event of prolonged illness, continued payment of wages begins after six weeks of illness. The employer may pay up to this point. If you have been employed for less than four weeks, you will receive money from the health insurance fund in this case.

It is also important that the incapacity for work is not self-inflicted. has been.

The duration of the certificate of incapacity for work is at the discretion of the attending physician, However, it does not constitute an obligation to stay away from work if you are well again before the certificate expires.

If you receive notice of termination during your illness but remain ill beyond the end of the notice period, you will usually receive sick pay from your health insurance fund. If the sickness is the reason for the dismissal, the Continued Remuneration Act comes into force. However, the dismissal must not be immoral.

So you just have to call the company and let them know that you are ill and submit a sick note if necessary? By law, that is certainly enough, but a conversation can also be helpful in this case. Talk to your employer and let them know when you will be off sick.

An excerpt from the Continued Remuneration Act:

5. termination during the probationary period

Special notice periods apply to the probationary period of an employment relationship.
During the probationary period, the notice period is two weeks, usually to the end of the month or to the 15th of the month. Notice can also be given on the last day of the probationary period. Decisive The date of receipt of the notice of termination is decisive for compliance with the deadline. Reason must be given within the probationary period not be mentioned.

However, special exceptions offer a certain degree of protection against dismissal. This applies, for example, to dismissals on discriminatory grounds.

Extraordinary notice of termination may be given for good cause in accordance with § 626 BGB. (Dismissal without notice). In this case, the termination must be justified.

For example, if the employee is not suitable for the job for which he or she was hired, this is not a reason for termination without notice. If an employee steals company property, for example, he can be dismissed without notice. In this case, the employment relationship is terminated immediately.