Probezeit in Germany: 10 questions about your trial period
"Probezeit chal rahi hai, kya woh mujhe kabhi bhi nikaal sakte hain?" — this is one of the most common worries in our community. Here are the real questions people search for, with short answers you can trust. Tap a question to open it.
Probezeit: 10 questions and answers
How long can the Probezeit be in Germany?
For a normal job, at most six months (§ 622 Abs. 3 BGB). It only exists if your contract says so. In an Ausbildung the Probezeit is different: at least one month and at most four months.
What is the notice period during the Probezeit?
Two weeks, for both sides, and it can start on any day — not only at the end of a month. If your contract has no Probezeit, the basic legal notice period of four weeks applies instead. In an Ausbildung, both sides can end it during the Probezeit without any notice period and without a reason.
Does my employer need a reason to fire me in the Probezeit?
Usually no. The Kündigungsschutzgesetz only protects you after six months in the job, and only in firms with more than ten employees. Special protection still applies — for example during pregnancy or for severely disabled people.
Can I be fired while I am sick?
Yes. Being sick does not protect you from a Kündigung in the Probezeit. Still, always report sick on the first day and send your sick note (AU) on time, so the employer has no extra reason to complain.
Do I get paid when I am sick in the first weeks?
Your employer only has to continue your pay after the job has lasted four weeks without a break (§ 3 Abs. 3 EFZG). If you are sick before that, call your Krankenkasse — they may pay Krankengeld instead.
Can I take holidays during the Probezeit?
You earn one twelfth of your yearly holidays for each full month you work. The full holiday right starts after six months. Your boss can say no to dates for business reasons, so ask early and in writing.
Is a Kündigung by WhatsApp, SMS or email valid?
No. A Kündigung must be on paper with a handwritten signature (§ 623 BGB). Electronic form is excluded. This is true for you and for your employer. A WhatsApp message alone does not end the job.
Can the Probezeit be extended?
Not beyond six months by law. Some employers offer a longer test by other means, for example a new agreement — but only with your consent. Read anything you are asked to sign at home first.
I have a fixed-term contract. Is a long Probezeit allowed?
The Probezeit must be in proportion to the length of the contract and the type of work (§ 15 TzBfG). Six months of probation on a six-month contract can be a problem. Ask an advice service if this is your case.
I was fired in the Probezeit. What should I do first?
Register as job-seeking (arbeitsuchend) with the Agentur für Arbeit within three days of getting the letter — online or by phone. If you want to fight the Kündigung in court, the deadline is three weeks from receiving it. If you quit yourself, the Arbeitsagentur can block your unemployment money for up to 12 weeks (Sperrzeit).
What to do now Register as job-seeking
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12 common questions
Sources
- § 622 BGB and § 1 KSchG: nexvyra.de
- Probezeit, holidays, extension: arbeitsrechte.de
- Written form § 623 BGB, fixed-term contracts: advocado.de
- § 3 EFZG: lxgesetze.de
- Sickness and Kündigung: StepStone
- Ausbildung: IHK Magdeburg
- Bundesagentur für Arbeit: Merkblatt für Arbeitslose (PDF)
This page is general information, not legal advice. Rules can change — always check the official source linked above, or ask a free advice service like Faire Integration.