The Probezeit (probationary period) is an agreed initial phase of employment in which either side can terminate with a shortened two-week notice period. It may last no longer than six months. It is often confused with dismissal protection: general dismissal protection (Kündigungsschutz) begins independently of the Probezeit, only after more than six months of tenure. A Probezeit must also be agreed expressly; it does not apply automatically.
At a glance
- No longer than six months; during it a shortened two-week notice period applies (§ 622 (3) BGB)
- Must be agreed expressly and does not apply automatically; otherwise the regular notice periods apply
- Separate from dismissal protection: general dismissal protection begins, independently, only after more than six months
- A termination during probation generally needs no reason but, like any termination, requires written form
FAQ
Can the probationary period be extended?
Not as a genuine probation beyond six months. In practice, employers use a somewhat longer notice period for a transition, or a mutual agreement.
Does probation also apply to fixed-term contracts?
Yes, but it must be proportionate to the length of the contract. For a short fixed term, a six-month probation is disproportionate.
What about holiday during probation?
The full holiday entitlement arises only after the six-month waiting period; before that there is a pro-rata entitlement. By agreement, holiday can still be taken earlier.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
Jonas Stoffel
