The probationary period in Germany can be surprising, especially if it is the first employment contract in the German labor market. Many do not know how the probationary period really works, when the protection of the KSchG comes into effect, and whether termination “from one day to the next” is even possible. This guide provides a step-by-step overview of the most important rules and highlights differences that often only become apparent upon termination. This way, the start of employment can be consciously shaped and the most common pitfalls of the first six months can be avoided.
How does the probationary period in Germany really work? Explanation without legal jargon (must be considered before signing the contract!)
The probationary period in Germany is a trial phase of the employment relationship, which can last a maximum of six months and only applies if it is stipulated in the employment contract. During this time, both parties can terminate the cooperation more quickly, as a shortened notice period of two weeks applies.
In practice, it is about checking the actual fit – work pace, communication, company culture, and expectations. This allows an assessment of whether the professional environment aligns with one’s competencies and plans before the full termination cycle and the protection of the KSchG come into effect.
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It is noteworthy that not every position requires a formal probationary period and the employer is not obliged to introduce it. However, if it is present, it must be clearly noted in the employment contract, as currently required by §2 of the German Evidence Act.
Probationary period and waiting period are not the same – what to watch for to not lose the protection of the KSchG? (must read before termination!)
Importantly, the probationary period and the waiting period are two completely different phases of the employment relationship, even though they are often conflated in everyday life. If one decides to work without a probationary period or the employer waives it, one does not automatically gain the protection of the KSchG. This only begins after a full six months, regardless of what is stated in the contract.
This has concrete consequences. If the contract is terminated by the employer after, for example, 5.5 months, the regular notice period already applies, but the protection against dismissal in Germany cannot be invoked, as formally the waiting period is still running. This occurs more often than thought – many mistakenly assume that waiving the probationary period equals full employee protection.
It becomes complicated due to the fact that EU law only focuses on the duty to inform about the probationary period, not on employment law protection provisions. The waiting period, on the other hand, is governed by §1 KSchG and is independent of the duration or existence of the probationary period. Therefore, it is essential to thoroughly check the contract to understand how it actually affects the legal situation in the first months of employment. This way, hasty decisions and unpleasant surprises can be avoided.
Can termination occur after 2 weeks? What the German BGB says about the probationary period – practical examples and pitfalls (see what to avoid)
During the probationary period, a two-week notice period always applies, regardless of the day of the month. This means the employer can issue a termination even on the last day of the probationary period, and this shortened procedure still applies. Ending the cooperation can therefore happen very quickly, which can be surprising for newcomers to Germany.
It is noteworthy that no reason for termination must be given, which applies in both directions – even the personal decision to leave does not need to be justified. However, this does not mean complete freedom. The AGG (General Equal Treatment Act) still applies, so termination can be contested if there is suspicion that it is discriminatory. This is particularly important if signs of unequal treatment arise.
Not everyone can be terminated in this way during the probationary period. Special protection applies, among others, to pregnant women, severely disabled persons, or members of the works council, where additional procedures or official approvals are required. If one belongs to one of these groups, the general rules of the probationary period do not apply – the employer must observe far stricter regulations. This way, false assumptions can be avoided, and timely action can be taken before an unjustified contract termination occurs.
Six months “on probation”? Check what must be stated in the employment contract according to the Evidence Act
In order for the probationary period to be valid, it must be clearly stated in the employment contract, which has been a requirement according to §2 NachwG since 2022. The employer must inform about the exact duration of the probationary period if it has been determined.
The contract should contain a clear formulation, for example, that “the first six months of employment constitute a probationary period with a two-week notice period.” Such a clause ensures clarity and facilitates the enforcement of rights in the event of a dispute. It is worth checking whether there are contradictory provisions on terminations or misleading terms about the waiting period in the contract. A clear entry protects against formal errors on the part of the employer and ensures that the actual conditions for ending the cooperation are known.
Probationary period over? Now settle taxes in Germany in just a few minutes!
The probationary period does not change the type of tax or contribution settlement – from the perspective of the tax office and insurers, one is simply an employee with a regular contract. Income tax, health insurance, pension insurance, and unemployment insurance contributions are deducted from the first working day in full according to the tax class and the gross salary from the contract. The only financial exception is the situation in the event of illness in the first four weeks of employment – during this time, there is no entitlement to continued payment of wages in the event of illness, and any benefits are paid by the health insurance at a reduced rate. Afterwards, the same rules apply as for long-term employees.
For many, this is good news, as it means the tax return looks the same after the end of the year, regardless of whether part of the year was worked during or outside the probationary period. If one wants to claim a possible tax refund from Germany or simply settle the income correctly, this can be done without additional formalities. And if a quick and convenient process is desired, it is worth using the Taxando application, which allows the tax return from Germany to be completed online – intuitively, in Polish, and without unnecessarily complicated procedures.
Maciej Szewczyk
He gained experience as a consultant on IT projects for many international companies. In 2017, he founded the startup taxando GmbH, where he developed the innovative tax app Taxando, which simplifies the filing of annual tax returns.
Maciej Szewczyk combines technological expertise with in-depth knowledge of tax regulations, making him an expert in his field. In his private life, he is a happy husband and father and lives with his family in Berlin.
