{"id":11295,"date":"2025-07-08T18:31:05","date_gmt":"2025-07-08T16:31:05","guid":{"rendered":"https:\/\/manualjobsearch.com\/?page_id=11295"},"modified":"2025-07-08T18:33:41","modified_gmt":"2025-07-08T16:33:41","slug":"mappe-probezeit-ratgeber","status":"publish","type":"page","link":"https:\/\/manualjobsearch.com\/en_us\/mappe-probezeit-ratgeber\/","title":{"rendered":"Probationary period folder guide"},"content":{"rendered":"<div data-elementor-type=\"wp-page\" data-elementor-id=\"11295\" class=\"elementor elementor-11295\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-9ce4da4 e-con-full e-flex e-con e-parent\" data-id=\"9ce4da4\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t<div class=\"elementor-element elementor-element-853cc57 elementor-widget elementor-widget-spacer\" data-id=\"853cc57\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-a29a044 elementor-widget elementor-widget-text-editor\" data-id=\"a29a044\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<div style=\"font-family: Arial, sans-serif; margin: 0 auto; line-height: 1.6; font-size: 16px;\">\n<h1>1. meaning and purpose of the probationary period<\/h1>\nAccording to statistics, one in five employment relationships in Germany ends during the probationary period.\nThis period can be particularly difficult for employees.\nSome people take a completely relaxed view of the probationary period, while others\n<strong style=\"color: #4169e1;\">every day<\/strong> as a sword of Damocles hovering over you and already have a bad\nto work with a bad feeling.\n\n<strong>Example:<\/strong>\n\nCompany XY has decided to take on Mark S. as a new employee and signs a fixed-term employment contract with him.\nHis CV had been reasonably acceptable, his references mediocre,\nbut the young man's competent and likeable manner was ultimately convincing.\nA work trial had also turned out to everyone's satisfaction.\n\nDespite some reservations, the personnel manager wanted to give him a chance in his company.\nMark S. had to prove himself and he did his best.\n\nThe best is not always good enough, but in this case it was.\nThe new employee proved to be reliable and was interested in the operational context.\nHe quickly made good contact with his superiors and colleagues and his work performance left nothing to be desired.\nMark S. successfully passed the probationary period and is now in an initially fixed-term employment relationship with the option of making it permanent,\nthat this can become permanent.\n\nOf course, things could have turned out differently and the collaboration would have ended quickly.\nSomething like this can happen when your own positive expectations are unpleasantly overtaken by reality.\nAs in this case:\n<div style=\"border: 1px solid #333; padding: 15px; margin-top: 15px; background: #f8f8f8;\">\n\nMarie M. seemed <strong>THE perfect employee<\/strong> to be. Everything was just right with her.\nHer professional skills were outstanding, her demeanor impeccable, the boss was more than impressed\nand actually saw the probationary period more as a necessary evil.\n\nDuring the first few weeks at her new workplace, it became apparent that Marie M. did not feel at all at ease.\n\nShe wasn't happy at work, she couldn't socialize and she had completely underestimated the long commute.\nSo she resigned within the probationary period.\n\n<\/div>\n<\/div>\n<div style=\"font-family: Arial, sans-serif; margin: 30px auto; font-size: 16px; line-height: 1.6;\">\n\nThe probationary period in the employment relationship should be seen as an opportunity for both employer and employee.\nIt allows both sides to \"test\" whether a fixed-term or permanent employment relationship makes sense.\n\nThe 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.\nThe employee can assess their future job and <a style=\"color: #1a0dab; text-decoration: underline;\" href=\"#\">everything that<\/a> and make his decision.\n<div style=\"border: 1px solid #b22222; background-color: #fdf2f2; padding: 15px 20px; margin-top: 30px;\">\n<p style=\"margin: 0;\"><strong style=\"color: #7c0000;\">CONCLUSIONS:<\/strong>\n\nThe probationary period is intended to allow employees and employers to find out\nwhether they can work together successfully in the future and feel comfortable with each other.\n\n<strong>Probationary period = trial period for employee and employer.<\/strong><\/p>\n\n<\/div>\n<\/div>\n<div style=\"font-family: Arial, sans-serif; margin: 30px auto; font-size: 16px; line-height: 1.6;\">\n  <h2>2. duration of the probationary period<\/h2>\n\n  <p>\n    The probationary period for an employment relationship is specified in the employment contract, and the duration can vary.\n    There are different options depending on the type of contract. The permanent employment contract, the fixed-term employment contract,\n    the fixed-term probationary employment relationship and the training relationship.\n  <\/p>\n\n  <p><strong>What is what and what about the probationary period?<\/strong><\/p>\n\n  <p>\n    The probationary period is usually <strong>6 months not <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">exceed<\/a><\/strong>,\n    However, there is no statutory upper limit. According to \u00a7 622 Para. 3 BGB (German Civil Code), the shortened notice period of 2 weeks for the probationary period\n    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\n    mutually agree within the probationary period that <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">an originally shorter<\/a> probationary period\n    is extended to up to six months.\n  <\/p>\n\n  <p>The regulations on notice periods can be found in the German Civil Code (BGB) - here is an excerpt:<\/p>\n\n  <div style=\"border: 1px solid #333; padding: 15px 20px; background: #f9f9f9; margin-bottom: 25px;\">\n    <p><strong>German Civil Code (BGB)<br>\u00a7 Section 622 Notice periods for employment relationships<\/strong><\/p>\n    <ul style=\"margin: 0; padding-left: 20px;\">\n      <li>\n        During an agreed probationary period, for a maximum of six months,\n        the employment relationship can be terminated with two weeks' notice.\n      <\/li>\n      <li>\n        Provisions deviating from paragraphs 1 to 3 may be agreed by collective agreement.\n        Within the scope of application of such a collective agreement, the deviating collective agreement provisions shall apply\n        between employers and employees who are not bound by a collective agreement, if their application has been agreed between them.\n      <\/li>\n    <\/ul>\n  <\/div>\n\n  <p>\n    With a <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">open-ended employment contract<\/a>\n    (\"open-ended employment contract with preceding probationary period\"), notice of termination must be given within the probationary period,\n    if the employment relationship is not to be continued after the end of the probationary period.\n    If no notice of termination is given, the employment contract is valid for an indefinite period.\n  <\/p>\n\n  <p>\n    Also for a <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">fixed-term employment contract<\/a>\n    a probationary period can be agreed. If the probationary period is successfully <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">completed<\/a>,\n    the employment contract then ends as agreed in the contract.\n    (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.\n    If neither party terminates the contract within the probationary period, the contract automatically runs until 31.12.2025 and ends\n    <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">then without<\/a> that a termination must take place).\n  <\/p>\n\n  <p>\n    With a <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">Training relationship<\/a>\n    <strong>MUST<\/strong> a probationary period can be agreed. This is between one and four months.\n  <\/p>\n<\/div>\n<div style=\"font-family: Arial, sans-serif; margin: 30px auto; font-size: 16px; line-height: 1.6;\">\n  <p>\n    There is also a <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">Temporary trial employment relationship<\/a> -\n    such an employment relationship is concluded for the purpose of a trial period,\n    the duration must be appropriate. (Contract with a material reason). This contract must be in writing - it\n    it ends automatically when the trial employment relationship ends.\n  <\/p>\n\n  <p>\n    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\n    of 14 days, the Protection against Dismissal Act only applies after six months of uninterrupted service with the company.\n    of uninterrupted employment with the company. Termination without giving reasons is also not possible.\n  <\/p>\n\n  <p><strong>Attention:<\/strong> Collective agreements may contain other deadlines, which must then be applied.<\/p>\n\n  <div style=\"border: 1px solid #b22222; background-color: #fdf2f2; padding: 15px 20px; margin-top: 30px;\">\n    <p style=\"margin: 0;\">\n      <strong style=\"color: #7c0000;\">CONCLUSIONS:<\/strong><br><br>\n      As a rule, the probationary period in the employment contract is limited to up to 6 months.<br>\n      A shortened notice period of 2 weeks generally applies during the probationary period.\n      A probationary period is not mandatory.\n    <\/p>\n  <\/div>\n<\/div>\n<div style=\"font-family: Arial, sans-serif; margin: 30px auto; font-size: 16px; line-height: 1.6;\">\n  <h2>\n    3. vacation during the probationary period\n  <\/h2>\n\n  <p>\n    Imagine the following scenario:<br>\n    You think you have job security and book an expensive vacation for the following year.\n    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.\n  <\/p>\n\n  <p>\n    Your job search is successful and you can start your new job on April 1.\n    Of course, the employment contract includes a probationary period - in this case six months.\n    This means that your planned vacation would fall within the probationary period...\n  <\/p>\n\n  <p>\n    According to \u00a7 4 BUrlG (Federal Leave Act), you are only entitled to the full amount of annual leave after the end of the probationary period.\n    According to \u00a7 5 BUrlG, you are entitled to partial leave for each month of an existing employment relationship, depending on the situation.\n  <\/p>\n\n  <div style=\"border: 1px solid #333; background: #f9f9f9; padding: 15px 20px; margin: 20px 0;\">\n    <p><strong>Minimum vacation law for employees (Federal Vacation Act)<br>\u00a7 5 Partial leave<\/strong><\/p>\n    <ul style=\"padding-left: 20px;\">\n      <li>The employee is entitled to one twelfth of the annual leave for each full month of the employment relationship<\/li>\n      <li>for periods of a calendar year for which he does not acquire full leave entitlement due to non-fulfilment of the qualifying period in that calendar year<\/li>\n      <li>if he leaves the employment relationship before the waiting period has been completed<\/li>\n      <li>if he leaves the employment relationship in the first half of a calendar year after completing the waiting period<\/li>\n      <li>Fractions of vacation days that add up to at least half a day must be rounded up to full vacation days<\/li>\n      <li>If, in the case of paragraph 1 letter c, the employee has already received vacation in excess of the amount to which he\/she is entitled, the vacation pay paid for this cannot be reclaimed.<\/li>\n    <\/ul>\n  <\/div>\n\n  <p>Another legal regulation in the Federal Leave Act states:<\/p>\n\n  <div style=\"border: 1px solid #333; background: #f9f9f9; padding: 15px 20px; margin: 20px 0;\">\n    <p><strong>\u00a7 4 Waiting period<\/strong><br>\n      Full vacation entitlement is earned for the first time after six months of employment.\n    <\/p>\n  <\/div>\n\n  <p>\n    In summary, this means that you have to save up your vacation entitlement during the probationary period.\n    Unforeseen events, such as a death in the family, naturally justify a few days off.\n    The basis for this can be found here:\n  <\/p>\n\n  <div style=\"border: 1px solid #333; background: #f9f9f9; padding: 15px 20px; margin: 20px 0;\">\n    <p><strong>German Civil Code (BGB)<br>\u00a7 Section 616 Temporary prevention<\/strong><\/p>\n    <p>\n      The person obliged to provide services shall not lose the right to remuneration by the fact\n      the fact that he is prevented from performing the service for a relatively insignificant period of time for a reason that is not his fault.\n      from providing the service through no fault of his own. However, he must allow the amount to be offset which he is entitled to for the period of prevention\n      from a health or accident insurance policy based on a statutory obligation.\n    <\/p>\n  <\/div>\n\n  <p>\n    In principle, of course, it is not \"forbidden\" to apply for vacation during the probationary period, but whether it makes tactical sense,\n    you have to find out for yourself. The fact is that an employer is not obliged to grant longer leave during the probationary period.\n  <\/p>\n\n  <p>\n    In our example, this means that you need to discuss and agree on such vacation plans before signing a contract.\n    In case of doubt, you are faced with the decision <em>\"New job\"<\/em> or <em>\"Financial loss due to not taking the vacation\"<\/em>.\n  <\/p>\n\n  <div style=\"border: 1px solid #b22222; background-color: #fdf2f2; padding: 15px 20px; margin-top: 30px;\">\n    <p style=\"margin: 0;\">\n      <strong style=\"color: #7c0000;\">CONCLUSIONS:<\/strong><br><br>\n      Leave during the probationary period cannot be ruled out in principle, but should only be requested in really urgent cases.<br>\n      The vacation entitlement during the probationary period is accumulated monthly, taking into account the waiting periods.\n    <\/p>\n  <\/div>\n<\/div>\n<div style=\"font-family: Arial, sans-serif; margin: 30px auto; font-size: 16px; line-height: 1.6;\">\n  <h2>\n    4. illness during the probationary period\n  <\/h2>\n\n  <p>\n    What happens if you fall ill during your probationary period? Case 1:\n  <\/p>\n  <p>\n    Melanie R. falls seriously ill after two months of probation, <br>\n    <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">she shares<\/a> inform the employer immediately and submit their certificate of incapacity for work.\n  <\/p>\n\n  <p><strong>Case 2:<\/strong><br>\n    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.\n  <\/p>\n\n  <p>\n    Will this now have consequences and perhaps even result in dismissal?<br>\n    This depends on the employer, the <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">Individual circumstances<\/a> and the operational concerns.\n    There is no obligation to give reasons for termination during the probationary period.\n  <\/p>\n\n  <p>\n    The fact is, of course, that you will and must stay away from work if you have a serious and infectious illness.\n    Whether you feel unable to work because of a small cold is something that everyone has to decide for themselves.\n  <\/p>\n\n  <p>\n    It is important to fulfill your obligations. This means informing your employer immediately if you are unable to come to work.\n  <\/p>\n\n  <p>\n    You should also take a look at the employment contract and find out when a certificate of incapacity to work must be submitted.\n    In most cases, this will only be from the fourth day of illness, but the first day of absence can also be contractually agreed.\n    Another duty of the employee is to ensure that they recover as quickly as possible.\n  <\/p>\n\n  <p>\n    What about payment? If you have already been working for the new employer for more than four weeks (28 days) without interruption,\n    in the event of prolonged illness, continued payment of wages begins after six weeks of illness.\n    The employer may pay up to this point. If you have been employed for less than four weeks,\n    you will receive money from the health insurance fund in this case.\n  <\/p>\n\n  <p>\n    It is also important that the incapacity for work is not self-inflicted. <a href=\"#\" style=\"color: #1a0dab; text-decoration: underline;\">has been<\/a>.\n  <\/p>\n\n  <p>\n    The duration of the certificate of incapacity for work is at the discretion of the attending physician,\n    However, it does not constitute an obligation to stay away from work if you are well again before the certificate expires.\n  <\/p>\n\n  <p>\n    If you receive notice of termination during your illness but remain ill beyond the end of the notice period,\n    you will usually receive sick pay from your health insurance fund.\n    If the sickness is the reason for the dismissal, the Continued Remuneration Act comes into force.\n    However, the dismissal must not be immoral.\n  <\/p>\n\n  <p>\n    So you just have to call the company and let them know that you are ill and submit a sick note if necessary?\n    By law, that is certainly enough, but a conversation can also be helpful in this case.\n    Talk to your employer and let them know when you will be off sick.\n  <\/p>\n\n  <p><strong>An excerpt from the Continued Remuneration Act:<\/strong><\/p>\n\n  <div style=\"border: 1px solid #333; background: #f9f9f9; padding: 15px 20px; margin: 20px 0;\">\n    <p><strong>Act on the Payment of Wages on Public Holidays and in the Event of Illness (Continued Remuneration Act)<br>\n    \u00a7 3 Entitlement to continued payment of remuneration in the event of illness<\/strong><\/p>\n\n    <p>(1) If an employee is prevented from working due to incapacity for work as a result of illness\n      is not at fault, the employee shall be entitled to continued payment of remuneration by the employer in the event of illness\n      for the period of incapacity to work up to a period of six weeks. If the employee becomes unfit for work again as a result of the same illness,\n      he shall not lose his entitlement under sentence 1 for a further period of up to six weeks due to the renewed incapacity for work if\n    <\/p>\n    <ul>\n      <li>he has not been unfit for work due to the same illness for at least six months prior to the renewed incapacity for work or<\/li>\n      <li>a period of twelve months has elapsed since the start of the first incapacity for work due to the same illness.<\/li>\n    <\/ul>\n\n    <p>(2) Incapacity for work through no fault of one's own within the meaning of paragraph 1 shall also include incapacity for work\n      as a result of a non-illegal sterilization or a non-illegal termination of pregnancy.\n      The same applies to a termination of pregnancy if the pregnancy is terminated by a doctor within twelve weeks of conception,\n      the pregnant woman has requested the termination and has provided the doctor with evidence of this in the form of a certificate,\n      that she has received counseling from a recognized counseling center at least three days before the procedure.\n    <\/p>\n\n    <p>(3) The entitlement under paragraph 1 shall arise after four weeks of uninterrupted employment.<\/p>\n  <\/div>\n\n  <div style=\"border: 1px solid #b22222; background-color: #fdf2f2; padding: 15px 20px; margin-top: 30px;\">\n    <p style=\"margin: 0;\">\n      <strong style=\"color: #7c0000;\">CONCLUSIONS:<\/strong><br><br>\n      Anyone who is ill and unfit for work naturally does not go to work. The deadlines for reporting sick must be observed.<br>\n      There is no protection against dismissal during the certificate of incapacity for work in the probationary period.\n      The continued payment of wages by the employer depends on various circumstances.\n    <\/p>\n  <\/div>\n<\/div>\n<div style=\"font-family: Arial, sans-serif;margin: 30px auto; font-size: 16px; line-height: 1.6;\">\n  <h2>\n    5. termination during the probationary period\n  <\/h2>\n\n  <p>\n    Special notice periods apply to the probationary period of an employment relationship.<br>\n    During the probationary period, the notice period is two weeks, usually to the end of the month or to the 15th of the month.\n    Notice can also be given on the last day of the probationary period.\n    <strong>Decisive<\/strong> The date of receipt of the notice of termination is decisive for compliance with the deadline.\n    Reason must be given within the probationary period <strong>not<\/strong> be mentioned.\n  <\/p>\n\n  <p>\n    However, special exceptions offer a certain degree of protection against dismissal.\n    This applies, for example, to dismissals on discriminatory grounds.\n  <\/p>\n\n  <p>\n    Extraordinary notice of termination may be given for good cause in accordance with \u00a7 626 BGB. (Dismissal without notice).\n    In this case, the termination must be justified.\n  <\/p>\n\n  <p>\n    For example, if the employee is not suitable for the job for which he or she was hired,\n    this is not a reason for termination without notice. If an employee steals company property, for example,\n    he can be dismissed without notice. In this case, the employment relationship is terminated immediately.\n  <\/p>\n\n  <div style=\"border: 1px solid #333; background: #f9f9f9; padding: 15px 20px; margin-top: 25px;\">\n    <p><strong>German Civil Code (BGB)<br>\u00a7 Section 626 Termination without notice for good cause<\/strong><\/p>\n    <ul style=\"padding-left: 20px;\">\n      <li>\n        The employment relationship may be terminated by either party to the contract for good cause without observing a notice period\n        notice period if there are facts on the basis of which the terminating party, taking into account\n        circumstances of the individual case and taking into account the interests of both parties to the contract\n        the continuation of the employment relationship until the expiry of the notice period or until the agreed\n        agreed termination of the employment relationship cannot reasonably be expected.\n      <\/li>\n      <li>\n        Notice of termination may only be given within two weeks.\n        The period begins at the time at which the party entitled to terminate becomes aware of the facts relevant to the termination.\n        The terminating party must inform the other party of the reason for termination in writing without delay upon request.\n      <\/li>\n    <\/ul>\n  <\/div>\n<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-91bf4f1 elementor-widget elementor-widget-spacer\" data-id=\"91bf4f1\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"<p>1 The 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 are completely relaxed about the probationary period, while others see it as a sword of Damocles hanging over them every day and go to work with a bad feeling. One example: The [...]<\/p>","protected":false},"author":256,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-11295","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/pages\/11295","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/users\/256"}],"replies":[{"embeddable":true,"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/comments?post=11295"}],"version-history":[{"count":0,"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/pages\/11295\/revisions"}],"wp:attachment":[{"href":"https:\/\/manualjobsearch.com\/en_us\/wp-json\/wp\/v2\/media?parent=11295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}