TABLE OF CONTENTS
In Germany, a probationary period, known as "Probezeit" is a standard part of most employment contracts. It serves as a mutual trial phase for both the employer and the employee to assess compatibility and performance.
Duration of the Probation Period
The maximum legal duration is six months, as per §622 (3) BGB.
Shorter durations are common, especially for mid-senior roles (e.g., 3 months).
The exact duration should be clearly stated in the employment contract.
Purpose of the Probation Period
The probation period allows both parties to:
Evaluate job performance and cultural fit.
Decide whether to continue the employment relationship long-term.
Conduct performance reviews and provide feedback.
Termination During Probation
Either party can terminate the contract with shorter notice, typically two weeks.
The specific notice period must be outlined in the employment contract.
Employees still retain legal protections during probation, including:
Protection against discrimination and harassment.
Access to benefits like health insurance and paid leave.
Post-Probation Employment Protection
After six months of employment:
Employees generally gain regular dismissal protection under the German Protection Against Dismissal Act (KSchG).
The termination notice period becomes longer and more protective.
The exact notice period depends on the employment agreement and tenure.
Can the Probation Period Be Extended?
Yes but only under strict conditions:
Maximum total duration: 6 months.
Employee consent is required:
The extension must be agreed upon in writing.
It must be signed as an amendment to the employment contract.
Employers cannot unilaterally extend the probation period.
Example:
If the original probation is 3 months, it can be extended by up to 3 more months.
If it’s already 6 months, no further extension is allowed.
Best Practices for Employers
Discuss performance concerns early.
Document feedback and reasons for extension.
Initiate extension discussions before the original probation ends.
Ensure transparency and fairness throughout the process.