A termination during the probationary period can be surprising – sometimes it happens quicker than settling into the new job. Specific questions immediately arise: Is it still necessary to go to work, how long will this take, and is there financial support available after such a termination? German regulations are precise in this matter, but the details are crucial. It is advisable to know them in order not to act rashly and neither lose money nor rights that actually belong to you.
Must work continue after a termination during the probationary period?
The moment of termination during the probationary period often leads to uncertainties – the question arises whether one still has to appear at work the next day or if the employment relationship ends immediately. In German labor law, the answer is quite clear, although it is handled differently in practice. After receiving the termination during the probationary period, there is the obligation to work until the end of the notice period, which usually means a full two weeks from the day the termination was effectively delivered. It doesn’t matter whether it’s a Monday, Wednesday, or the middle of the month – what matters is the date on which the letter is delivered, not the end of the month or pay period.
It is important to know that the obligation to work continues, even if the work environment has noticeably changed or there is the impression that attendance is only temporary. As long as the contract formally exists, the employer is entitled to expect the fulfillment of obligations, and there is entitlement to full salary, contributions, and insurance. However, the employer often decides on a so-called release, which means exemption from the duty to work while continuing to pay earnings. This is a convenient solution for both parties, but it does not happen automatically and must be clearly communicated – preferably in writing.
If the termination is a termination without notice, the duty to work ends on the day the termination is delivered, but this mode is reserved in Germany exclusively for very serious violations, such as theft, gross breaches of duty, or harm to the company. In normal conditions during the probationary period, such cases rarely occur and often require a prior warning. Therefore, in most cases, it should be expected that in the following weeks, duties will be fulfilled as usual, tasks will be handed over, and matters related to ending the employment relationship will be arranged – even if mentally new opportunities are already being sought.
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What does a termination during the probationary period mean?
A termination during the probationary period sounds threatening, but in reality is neither an assessment of one’s value as an employee nor proof of serious misconduct. The probationary period in Germany is a formal trial period – for both the employer and the employee. The law treats this phase completely differently than the subsequent months of employment, as there is not yet full protection against dismissal under the Protection Against Dismissal Act. This means that the employer does not have to provide a specific reason for termination, as long as they do not violate anti-discrimination laws or regulations protecting special groups, such as pregnant women.
In practice, a termination during the probationary period simply means that collaboration did not meet the expectations of one of the parties. Sometimes it is about the work speed, sometimes about organization, or sometimes completely independent factors such as company plan changes or staff reductions. This does not mean professional disqualification, does not preclude future opportunities in the job market, and – importantly – does not exclude the right to benefits as long as the legal conditions are met. Many employees mistakenly think that the probationary period is irrelevant to their further professional situation, which is wrong.
It is also important to clarify what formal consequences a termination during the probationary period has and which elements of the employment relationship remain unchanged. The contract must still be terminated in writing, and e-mails, SMS or WhatsApp messages have no legal effect. There is still a right to salary until the end of the notice period, leave calculation, and the right to a job reference. The probationary period counts towards the duration of insurance, which is important for later unemployment benefits. A termination at this time is more a formal conclusion of a phase than a life catastrophe – even if it can be emotionally difficult.
Probationary period notice period – how long does it last, how is it calculated, and what rights exist during this time?
One of the key elements of a termination during the probationary period is the short but very precisely defined notice period. According to § 622 paragraph 3 of the German Civil Code, the standard is two weeks, calculated from the day the termination is delivered, not from its creation. It is important to know that it does not have to be at the end of the month or a specific settlement date – the contract can end on any day. For example: if the termination is delivered on March 1, the employment relationship ends on March 15, regardless of the company’s calendar.
This short notice period applies in both directions – both the employer and the employee have the same rights. A contract or collective agreement can stipulate a longer notice period, but not shorten it below two weeks. Therefore, it is always advisable to check your own contract before drawing any conclusions. A common mistake is assuming that everything happens “overnight” during the probationary period. In practice, the correctly set termination date is crucial, not emotional reactions or verbal declarations.
It should be remembered that the notice period is still full employment time, with health insurance, contributions, and proportional leave entitlement. If there is any unused leave, it can be taken during the notice period or paid out as compensation. The employer cannot deny wages or benefits solely due to the impending termination of the contract. It still involves a legal relationship, not a favor – and this should be kept in mind, even if the situation is stressful.
How long does one have to work after a termination during the probationary period?
The answer to this question is theoretically simple, but in practice often a cause for misunderstandings. After a termination during the probationary period, work continues for exactly as long as the notice period lasts, usually two weeks. There is no room for simplifications, assumptions, or informal agreements here. If the termination was properly delivered, the contract runs until the last day of the notice period, and duties are to be fulfilled as before. At the same time, there is full entitlement to wages, even if the employer decides that it doesn’t make sense to appear physically in the company.
A common practice is the aforementioned release, i.e., exemption from the duty to work while continuing to pay. For many, this is a moment of relief – time to look for a new job, sort out documents, and register with the employment agency. However, it must be emphasized that this is not an obligation of the employer, but its decision. If there is no clear information that one is released from work, it should be assumed that there is still a duty to be present. Unexcused absence may be considered a breach of duty.
During the probationary period, there is a two-week notice period, counted from the day the letter is delivered, not from the end of the month or the issuance date. During this time, you are still a fully-fledged employee – with entitlement to wages, insurance, and leave settlement. Even if the collaboration ends, the rights do not disappear overnight, but continue to exist until the last day of the contract.
Maciej Wawrzyniak
In his private life, Maciej enjoys sporting challenges, playing the guitar, and swimming in the lake. He is also the proud father of three sons.
