Career
May 2, 2024

Termination in probationary period: Everything you need to know!

Termination in the trial period: 3 important facts!

The notice period in the probationary period is two weeks.
The protection against dismissal first take action after six months, regardless of the duration of the probationary period.
A termination without notice can also be done during the probationary period (if there are reasons).

Termination in the probationary period: Which deadline applies?

Usually that is regular notice period in employment four weeks, each on the fifteenth or last day of the month. Say: Termination will always take effect in the middle or end of the month.

What the probation concerns, regulates Section 622 (3) BGB the facts: "During an agreed probationary period, for a maximum of six months, the employment relationship can be terminated with a notice period of two weeks."

In principle, however, labor law also permits one shorter or longer duration the notice period, but only if this is explicitly written down in the employment contract. While a longer notice period is uncommon, a shorter period may be due mainly to one collective agreement come for retribution.

Termination during the probationary period: Is there protection against dismissal?

No! The first six months of an employment relationship are considered as so-called waiting time, This applies regardless of the probationary period and guarantees no protection against dismissal. Even if, during this time, there is no reinforced social security framework on the part of the employer, he nevertheless can not act arbitrarily. In particular pregnant women enjoy special rights even in the first six months and may not be terminated due to the pregnancy.

Termination in the probationary period: Can there be a termination without notice?

Both employees and employers can work in the probationary period extraordinary termination pronounce, provided good reasons for it. In the event of termination without notice, the employment relationship is terminated immediately in accordance with § 626 BGB.

Extraordinary reasons for the employee:

No salary despite memory
harassment
Bullying / violence
Disproportionate overtime
Occupational safety not given

Extraordinary reasons for the employer:

Prior to termination without notice, at least one or two warnings must be made
Reasons lie in dereliction of duty of employment (theft, riots, etc.)
Concrete evidence of the violation must be available
Employee risks blocking time at the employment office in case of termination without notice

Termination in probationary period: Possible reasons

During the probationary period, the employer does not need a meaningful reason for termination. If he thinks he does not want to continue working with you, he can help you without giving reasons cancel. Nevertheless, termination is usually based on one of these causes.

Due persons: Personal termination will apply if the employee is unsuitable for the job due to his or her character skills. For example, important skills may be lacking or psychological barriers to pursuing the job may exist.
Due behavior: If the employee commits a breach of duty at work, a behavioral dismissal may occur. This can be, for example, tablet addiction or theft.
Operationally: An employment-related termination concerns pregnant or severely handicapped persons during the probationary period. All other employees do not enjoy protection against dismissal, as explained above. Reasons for redundancy can be a bankruptcy of the employer or the general abolition of the job.

Termination in the probationary period: Termination as an employee

Even as an employee, a probationary termination may be appropriate, for example, if the employer has his Duties from the employment contract and does not sufficiently comply with labor law.

Contents of the activity completely different than agreed
No training / too heavy tasks
Lucrative job offer
Activity does not fit the interests

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