The probationary period (Probezeit) is the start of an employment relationship in which both sides get to know each other and can end it with a shorter notice period. The parties agree its length in the contract, but the statutory limits still apply. This guide explains the maximum length, the notice period and dismissal protection.
Short answer: A probationary period may last no more than six months for the shorter notice period of two weeks to apply (§ 622(3) of the German Civil Code, BGB). General protection against dismissal under the Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) only applies after more than six months in the same business (§ 1(1) KSchG). As of October 2026, source: gesetze-im-internet.de, accessed 26 October 2026.
The most important points
- The probationary period must be agreed in the employment contract.
- It may last no more than six months for the shorter notice period to apply.
- During the probationary period, both sides have a notice period of two weeks.
- General dismissal protection only starts after more than six months in the business.
- A probationary period is not a fixed-term contract. Afterwards the employment continues indefinitely, unless the contract states otherwise.
- Notice of termination must be given in writing (§ 623 BGB).
How long can the probationary period last?
The law links the shorter notice period to a probationary period of no more than six months (§ 622(3) BGB). If the employer and employee agree a shorter probationary period, for example three months, the same shorter notice period applies. A longer probationary period is not covered, and the general periods apply instead.
Which notice periods apply during and after the probationary period?
| Situation | Notice period | Basis |
|---|---|---|
| During the agreed probationary period (up to six months), for both sides | 2 weeks | § 622(3) BGB |
| After the probationary period, notice given by the employee | 4 weeks to the 15th or to the end of the month | § 622(1) BGB |
| After the probationary period, notice given by the employer, less than 2 years of service | 4 weeks to the 15th or to the end of the month | § 622(1) BGB |
| After the probationary period, notice given by the employer, 2 years of service or more | 1 month to the end of the month | § 622(2) BGB |
Collective agreements (Tarifverträge) may set different periods (§ 622(4) BGB). Check whether a collective agreement applies to your industry.
When does dismissal protection apply?
The Dismissal Protection Act only applies once the employment has lasted more than six months without interruption in the same establishment or company (§ 1(1) KSchG). During the probationary period, the employer can therefore usually end the employment without giving reasons. Special protection still applies in some cases, for example during pregnancy, for severely disabled employees or for works council members.
Worked example (assumption): employment starts on 1 March 2027, the probationary period lasts six months and ends on 31 August 2027. If notice reaches you on 1 July 2027, the employment ends after two weeks, on 15 July 2027.
Frequently asked questions
Can I terminate without notice during the probationary period?
No. The two-week period also applies to you, because the rule in § 622(3) BGB applies to both sides.
Does my employer have to give reasons for dismissal?
During the probationary period no reasons are required, as long as no special protection applies. However, notice must be given in writing (§ 623 BGB). An email is not sufficient.
What applies if the probationary period is not in my contract?
Then no probationary period has been agreed, and the shorter notice period does not apply. The general periods under § 622 BGB apply instead.
Is the probationary period a fixed-term contract?
No. The probationary period is a section of an open-ended employment relationship, provided the contract does not contain a fixed term.
What should you do now?
- Read your employment contract and check whether a probationary period is agreed and how long it lasts.
- Note the day the probationary period ends and the notice period that applies after it.
- Ask for any notice to be given in writing, and note the date on which it reaches you.
- If you are unsure, have the contract checked by a legal adviser or your trade union before you respond.
Related reading
- Glossary: Employer Contribution Subsidy
- Career Start After University: Your Guide to the First Job
- Avoiding the Biggest Mistakes at Career Start: Tips for You (in German)
- Student Assistant Job in Germany: Pay, Contract and Rules
Sources: § 622 BGB, gesetze-im-internet.de (accessed 26 October 2026); § 1 KSchG, gesetze-im-internet.de; § 623 BGB, gesetze-im-internet.de.
Last updated: October 2026. This guide is general information and not individual advice.
