Probation Period in Germany: What Employers Need to Know

Last Updated on 1 day ago by International Employment Specialists

A probation period in Germany gives an employer and a new employee an initial period in which to assess whether the employment relationship works in practice.

For international companies, however, the German Probezeit is easy to misunderstand.

The most common assumption is that German employees have “no dismissal protection for six months because they are on probation”. Legally, two different concepts are involved: the contractual probation period and the six-month qualifying period for general dismissal protection under the German Dismissal Protection Act.

They often run at the same time, but they are not the same rule.

Employers also need to consider statutory notice periods, written-form requirements, works council procedures, special dismissal protections and different rules for fixed-term employees.

This guide explains how the probation period in Germany works and what international employers should check before hiring or terminating an employee.

What Is a Probation Period in Germany?

A probation period — Probezeit — is an agreed initial period of employment during which the employer and employee can evaluate the working relationship.

For the employer, it provides time to assess whether the employee:

• performs the role to the expected standard;
• has the required technical and professional skills;
• works effectively with the team;
• can handle the responsibilities of the position;
• is suitable for the organisation in practice.

For the employee, the period provides an opportunity to determine whether the role, employer, working conditions and expectations correspond with what was presented during recruitment.

A probation period is commonly included in German employment contracts, but employers should not treat it as a period in which normal employment law stops applying.

The employee remains an employee and retains statutory employment rights.

The main practical difference is that German law allows a shorter statutory termination notice during an agreed probation period.

How Long Is the Probation Period in Germany?

A six-month probation period is standard in Germany.

Under Section 622(3) of the German Civil Code — Bürgerliches Gesetzbuch, or BGB — an employment relationship may be terminated with two weeks’ notice during an agreed probation period, provided that the probation period does not exceed six months for the purposes of this shortened statutory notice rule.

This is why German employment contracts commonly state:

Probezeit: sechs Monate

or six months’ probation.

Employers can agree on a shorter probation period, such as three months.

What matters is that the probation arrangement and the applicable notice provisions are properly reflected in the employment documentation.

For international HR teams, six months should not simply be copied into every contract without considering the nature and duration of the role. This is particularly important for fixed-term employment.

Is a Probation Period Mandatory in Germany?

For ordinary employment relationships, a contractual probation period is not automatically imposed simply because an employee starts a new job.

It should be agreed as part of the employment conditions.

German government guidance on employment contracts identifies the duration of the probation period as one of the employment conditions that should be addressed in the contract.

If the parties have not agreed a probation arrangement that allows the shortened probation notice period, an employer should not assume that the two-week notice period under Section 622(3) BGB is available.

The ordinary statutory notice rule in Section 622(1) BGB is generally four weeks to the fifteenth or the end of a calendar month, unless another valid contractual or collective agreement provision applies.

This makes the wording of the employment contract important from the beginning of the relationship.

The Most Important Distinction: Probezeit vs the Six-Month Waiting Period

This is one of the most important points for foreign companies employing staff in Germany.

The probation period and the waiting period for general dismissal protection are legally separate.

Probezeit

The contractual probation period primarily affects the applicable notice period.

Where a valid probation period has been agreed, Section 622(3) BGB generally permits termination with two weeks’ notice during that period, for a maximum of six months.

Six-Month Waiting Period

Separately, Section 1 of the German Dismissal Protection Act — Kündigungsschutzgesetz or KSchG — provides that general protection against socially unjustified dismissal applies once the employment relationship has existed continuously for more than six months, provided the Act is otherwise applicable.

These periods often overlap, which causes the confusion.

But consider an employee who has a three-month probation period.

After month three, the contractual probation period has ended and the special two-week probation notice period will normally no longer apply.

However, the employee has still not completed the six-month qualifying period under the KSchG.

Conversely, simply omitting a probation clause from the employment agreement does not automatically mean that general dismissal protection under the KSchG starts on the employee’s first working day.

For international employers, this distinction is crucial when evaluating termination risk.

When Does the German Dismissal Protection Act Apply?

Completing six months of employment is only one part of the analysis.

General dismissal protection under the KSchG also depends on the size of the establishment.

For employees whose employment began after 31 December 2003, the general provisions of the Act are normally relevant where the establishment regularly employs more than ten employees, subject to the statutory counting rules. Part-time workers are weighted differently when determining the threshold.

Once the KSchG applies, an ordinary employer-initiated dismissal generally requires a socially justified reason.

Broadly, this can relate to:

• the employee’s conduct;
• the employee’s personal capability or circumstances; or
• urgent operational requirements.

Section 1 KSchG establishes these core categories for socially justified termination.

During the initial six-month qualifying period, this general requirement for social justification does not apply in the same way.

That does not, however, give an employer unrestricted freedom to dismiss an employee.

Can an Employee Be Dismissed During Probation in Germany?

Yes.

An employer can generally terminate an employment relationship during an agreed probation period, subject to the applicable notice period and other legal restrictions.

The standard statutory notice period during an agreed probation period is two weeks, provided the probation arrangement falls within the maximum six-month period covered by Section 622(3) BGB.

The employee can generally use the same probation notice mechanism.

A collective bargaining agreement — Tarifvertrag — may establish different notice rules, so employers should always determine whether a collective agreement applies before relying solely on the BGB.

Importantly, termination during probation is not automatically lawful merely because the KSchG’s general protection has not yet become applicable.

Other protections may still restrict dismissal.

Employers Cannot Simply Ignore Dismissal Protections During Probation

“Probation” should never be interpreted internally as “we can terminate for any reason”.

German law contains several protections that may continue to apply during the initial months of employment.

An employer should therefore review the individual circumstances before issuing a dismissal.

Pregnancy Protection

German maternity protection law provides strong protection against dismissal during pregnancy.

Section 17 of the Maternity Protection Act — Mutterschutzgesetz — generally prohibits dismissal during pregnancy where the employer knows about the pregnancy or is informed within the statutory period after receiving the dismissal.

The protection continues for specified periods following childbirth and certain miscarriages, subject to limited statutory exceptions requiring the involvement of the competent authority.

A probation clause does not override this protection.

A company should therefore never assume that pregnancy-related dismissal protection starts only after the employee completes six months.

Protection Against Unlawful Discrimination

Employment decisions also need to respect German equal-treatment requirements.

The General Equal Treatment Act — Allgemeines Gleichbehandlungsgesetz (AGG) — prohibits discrimination on protected grounds including race or ethnic origin, gender, religion or belief, disability, age and sexual identity.

A probation period should therefore not be used as a mechanism for employment decisions based on protected characteristics.

International employers should be particularly careful about poorly documented statements in email, Slack, interview notes or performance discussions that could later suggest that an employment decision was based on an unlawful consideration.

Employees with Severe Disabilities

Specific dismissal protections also exist for severely disabled employees.

However, the special approval regime under the German Social Code has an important qualifying rule: the relevant special dismissal protection generally does not apply where the employment relationship has not yet existed continuously for more than six months.

The law nevertheless contains notification requirements in certain cases involving probationary employment and severely disabled employees.

Employers should therefore assess these situations individually rather than applying a generic probation termination process.

A Works Council May Still Need to Be Consulted

Where a German establishment has a Betriebsrat, or works council, employers need to take its rights seriously even during probation.

Section 102 of the Works Constitution Act requires the employer to consult the works council before every dismissal and communicate the reasons for the proposed termination.

A dismissal issued without the required works council consultation is invalid.

This is particularly important for international managers who may believe that probationary employees can simply be dismissed through an HR notification.

The fact that an employee has worked for only two or three months does not remove the works council consultation requirement where one exists.

The correct sequence therefore matters.

The employer should complete the required internal and works council procedures before issuing the termination notice.

Termination Must Be in Writing

Germany has a strict formal requirement for termination of employment.

Section 623 BGB provides that termination of an employment relationship must satisfy the statutory written-form requirement and explicitly excludes electronic form.

An employer should therefore not attempt to terminate employment using:

• email;
• Slack;
• Microsoft Teams;
• WhatsApp;
• a scanned termination letter alone;
• an electronic signature platform.

A digital message can communicate that a decision has been made, but it does not replace the legally required termination document.

For distributed international organisations, this creates an operational issue that should be anticipated before a termination is scheduled.

HR needs to coordinate preparation, signature and legally effective delivery of the dismissal letter.

Do Employers Have to Give a Reason for Termination During Probation?

Where the general dismissal protection of the KSchG has not yet become applicable, the employer will generally have greater flexibility than after the six-month qualifying period.

However, that does not mean that the reason for termination is legally irrelevant.

A dismissal may still be challenged because of:

• statutory special protection;
• prohibited discrimination;
• improper works council procedure;
• failure to comply with formal requirements;
• other mandatory employment-law restrictions.

For this reason, employers should still maintain a clear internal record explaining why employment is being terminated.

Good documentation can include:

• agreed role expectations;
• onboarding objectives;
• performance feedback;
• missed deliverables;
• behavioural concerns;
• support provided;
• review meetings;
• the final employment decision.

The purpose is not to create unnecessary bureaucracy.

It is to ensure that the employer can demonstrate a legitimate and consistent decision-making process if the termination is later questioned.

Can an Employee Challenge a Probationary Dismissal?

Yes.

An employee who believes a dismissal is legally invalid can bring a claim before the German labour court.

Under Section 4 KSchG, a challenge to the validity of a dismissal generally has to be filed within three weeks after receipt of the written notice of termination.

This procedural deadline is important even where the employee has not completed the six-month qualifying period for general dismissal protection.

International companies should therefore not assume that probationary dismissals are incapable of generating litigation simply because the employee has limited KSchG protection.

Procedural mistakes can still make a relatively straightforward termination significantly more complicated.

Probation Periods in Fixed-Term Employment Contracts

Fixed-term employment requires additional attention.

German law specifically provides that where a probation period is agreed for a fixed-term employment relationship, its length must be proportionate to the expected duration of the fixed-term contract and the nature of the work.

This means employers should not automatically insert a six-month probation period into every fixed-term agreement.

For example, a six-month probation period attached to a relatively short fixed-term role could require careful legal assessment.

There is no universal statutory formula saying that the probation period must always equal a particular percentage of the contract duration. The proportionality assessment depends on the circumstances.

There is another important issue.

Under Section 15(4) of the Part-Time and Fixed-Term Employment Act — Teilzeit- und Befristungsgesetz (TzBfG) — an ordinary termination of a fixed-term employment relationship is possible only where this has been agreed in the individual contract or is permitted by the applicable collective agreement.

Employers therefore need to review the termination clause itself, not merely the probation clause.

Does an Employee Have Normal Employment Rights During Probation?

Yes.

A probation period does not turn an employee into a contractor or create a separate category of worker.

Normal statutory employment rules continue to operate.

Annual Leave

Employees continue to accrue holiday rights during the initial employment period.

Under the Federal Leave Act, full statutory annual leave entitlement is first acquired after six months of employment. Where the full waiting period has not been completed, statutory rules provide for proportionate leave entitlement in relevant circumstances.

An employer should therefore not operate a blanket policy stating that employees have “no holiday rights during probation”.

The timing of when leave can be taken and the amount ultimately due should be distinguished.

Sick Leave and Continued Pay

Probation also does not remove statutory sickness rights.

Under the Continued Remuneration Act, the employer’s statutory entitlement to continued remuneration during qualifying sickness generally arises after four weeks of uninterrupted employment and may continue for up to six weeks for qualifying incapacity, subject to the statutory conditions.

Companies entering Germany should therefore budget and administer probationary employees as normal employees from a payroll and HR perspective.

What Happens After the Probation Period?

If employment continues after the agreed probation period, there is usually no need to issue a completely new employment contract simply because the probation period has ended.

The existing employment relationship continues under its contractual terms.

What changes can include the applicable termination framework.

For example, if a six-month probation period ends and the conditions of the KSchG are satisfied, general dismissal protection may then apply.

The statutory probationary two-week notice period will also cease to apply.

The ordinary notice rules in Section 622 BGB, the employment contract or an applicable collective agreement then need to be considered.

This transition should be built into HR processes.

A company that wants to make a genuine probation assessment should not schedule its first meaningful performance review after the six-month period has already ended.

A Better Probation Process for Employers

The legal probation period should also function as a structured management process.

International employers can reduce risk by defining expectations before the employee starts.

The employment contract should correctly state the probation period and notice provisions.

During onboarding, the employee should understand what successful performance looks like.

Managers should then review progress early enough to allow improvement rather than waiting until the final weeks.

A practical process can include an early onboarding check, a structured mid-probation review and a final assessment sufficiently before the probation deadline.

Employers should evaluate objective areas such as:

• quality of work;
• ability to perform core responsibilities;
• delivery against agreed objectives;
• communication;
• reliability;
• collaboration;
• compliance with internal policies;
• development following feedback.

Where concerns appear, managers should document them and communicate them clearly.

Probation should not become a six-month period of silence followed by an unexpected termination.

Common Employer Mistakes During Probation in Germany

Treating Probation as Automatic

Employers sometimes assume every new German employee automatically has six months of probation.

The contractual provisions should be checked.

Confusing Probezeit with KSchG Protection

The contractual probation period and the six-month waiting period for general dismissal protection are different legal concepts.

This distinction affects both notice periods and termination strategy.

Using a Six-Month Probation Period for Every Fixed-Term Contract

For fixed-term agreements, the probation period must be proportionate to the expected duration of the contract and the nature of the work.

Terminating by Email

German law requires written form for termination and excludes electronic form.

A manager sending “your employment is terminated effective today” through email is not a substitute for a legally valid dismissal notice.

Forgetting the Works Council

Where a works council exists, consultation must take place before dismissal.

Skipping this step can invalidate the termination.

Assuming No Protection Exists Before Six Months

Pregnancy protection, procedural requirements and other statutory safeguards may still apply before general KSchG protection begins.

Waiting Until the Last Moment to Assess Performance

If an employer has concerns, they should be identified and managed during probation.

Leaving the decision until the deadline creates operational and legal risk, particularly where documents need to be signed and delivered or internal consultation is required.

Failing to Check the Collective Agreement

A Tarifvertrag may contain different probation or notice provisions.

International employers should establish whether collective rules apply before relying exclusively on statutory defaults.

Probation Period and International Hiring in Germany

For a foreign company making its first hire in Germany, probation is only one part of the employment framework.

The employer also needs to address:

• locally compliant employment contracts;
• German payroll;
• social security registration;
• wage tax;
• statutory benefits;
• working-time rules;
• holiday entitlement;
• sick-pay requirements;
• applicable collective agreements;
• termination procedures.

The legal complexity becomes particularly relevant when the company does not yet have an established German HR and payroll infrastructure.

In these situations, businesses often compare opening a German entity with using an Employer of Record in Germany.

An EOR can act as the local legal employer and administer employment, payroll and statutory requirements while the international company directs the employee’s day-to-day operational work.

However, using an EOR does not remove German employment law.

Probation periods, notice requirements and employee protections still need to comply with German rules.

For companies entering Germany, the value of the model is therefore not avoidance of employment obligations but having an established local employment framework through which those obligations can be managed.

Expert Tip: Treat the Sixth Month as a Legal Deadline, Not an HR Reminder

A frequent management mistake is to schedule the probation review “around six months”.

For an international employer, that is too vague.

The company should identify the exact employment start date, exact contractual probation end date, applicable notice clause and the date on which the employee crosses the KSchG qualifying period.

If concerns exist, HR should begin the assessment substantially earlier.

Before any termination, check:

• whether probation was validly agreed;
• which notice period applies;
• whether the employee has special dismissal protection;
• whether a works council must be consulted;
• whether a collective agreement changes the rules;
• whether the termination letter satisfies German formal requirements;
• whether delivery can be demonstrated.

The objective is not to make probation easier to terminate.

It is to prevent a manageable employment decision from becoming a compliance problem because the process was started too late.

FAQ About Probation Periods in Germany

How long is the probation period in Germany?

Six months is the common probation period for ordinary employment contracts. Under Section 622(3) BGB, the statutory two-week probationary notice period can apply during an agreed probation period for a maximum of six months.

Is six months of probation mandatory in Germany?

No. Ordinary employment contracts do not have to use a six-month probation period. Employers and employees may agree a shorter period. The employment contract and any applicable collective agreement should be reviewed.

What is the notice period during probation in Germany?

Where a qualifying probation period has been agreed, the statutory notice period is generally two weeks under Section 622(3) BGB. A collective agreement or valid contractual arrangement may affect the applicable rule.

Can an employer terminate an employee during probation in Germany?

Yes, but the employer still needs to comply with applicable notice, written-form and procedural requirements. Special dismissal protection may also apply in particular circumstances.

Does an employer need a reason to terminate during probation?

General protection against socially unjustified dismissal under the KSchG normally begins only after more than six months of continuous employment and where the establishment meets the applicable size threshold. However, dismissals before that point can still be restricted by other statutory protections and procedural requirements.

Can an employee be dismissed while pregnant during probation?

Pregnancy is subject to special dismissal protection under the German Maternity Protection Act. A probation clause does not remove that protection.

Can an employer terminate an employee by email during probation?

No. German law requires termination of employment to comply with written form and expressly excludes electronic form.

Does a works council need to be consulted during probation?

Where a works council exists and Section 102 BetrVG applies, it must be consulted before every dismissal, including a probationary dismissal. Failure to carry out the required consultation can make the dismissal invalid.

Does probation mean an employee cannot take holiday?

No. Employees acquire statutory holiday rights during employment. Full statutory annual leave entitlement is first acquired after six months, while proportionate entitlement applies in specified circumstances before the waiting period is completed.

Can a fixed-term employee have a probation period in Germany?

Yes, but the probation period must be proportionate to the expected duration of the fixed-term employment and the nature of the work. Employers should also check whether the fixed-term contract permits ordinary termination.

What happens when probation ends in Germany?

The employment relationship normally continues automatically. The probationary notice arrangement ends, and other statutory or contractual notice provisions apply. Where the relevant requirements are met, general dismissal protection under the KSchG may also become applicable after more than six months of continuous employment.

Conclusion

The probation period in Germany is relatively straightforward in principle but easy to mismanage in an international hiring environment.

The key rule is not simply “six months”.

Employers must distinguish between the contractual Probezeit, the shortened two-week probation notice period and the separate six-month qualifying period for general dismissal protection under the KSchG.

They must also consider written-form requirements, special dismissal protections, works council procedures, fixed-term contract rules and collective agreements.

For international companies, the safest approach is to define probation correctly at the contracting stage, evaluate performance throughout the period and review any proposed termination before the relevant deadlines arrive.

Companies hiring without an established German employment infrastructure should also consider how payroll, HR administration and employment compliance will be managed from day one — whether through their own German entity or an Employer of Record in Germany.

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