The probation period is a test for both sides. It does not apply automatically: it must be agreed in your employment contract, and it may last no more than six months. During this time, special rules apply to notice, holiday and health insurance, and many graduates do not know them. This guide explains them in order.
Kurz beantwortet: An agreed probation period lasts at most six months. During this time the employment can be terminated with a notice period of two weeks (section 622 para. 3 of the German Civil Code, BGB). You only acquire the full statutory leave after six months (section 4 of the Federal Leave Act, BUrlG). Your health insurance continues, but a change of insurer binds you for 12 months. Status October 2026.
Key points at a glance
- A probation period must be stated in the contract. Without an agreement, the regular notice periods apply.
- The probation period may last at most six months. During it, the notice period is two weeks.
- Notice must be given in writing, whether it comes from the employer or from you.
- You acquire full holiday after six months. If you leave earlier, partial holiday applies.
- Health insurance continues. Sick pay from your insurer starts after employer continued pay, not immediately.
What a probation period means in law
A probation period is an agreement in the employment contract that lets both sides end the relationship more quickly during the first months. The statutory maximum is six months (section 622 para. 3 BGB). If the employment continues afterwards, the regular notice periods apply again, and these are usually longer.
If the contract says nothing, there is legally no probation period. The normal notice periods then apply from the first day. Read the contract before you sign it, especially the statements on probation and on any extension.
Giving notice during probation
During an agreed probation period, the employment can be terminated with two weeks notice. This applies to both sides. Notice must be given in writing (section 623 BGB). An email or an informal agreement is not enough. The table shows the main situations.
| Situation | Notice period | What to watch out for |
|---|---|---|
| Notice given by the employer during probation | Two weeks | Written form. General dismissal protection does not yet apply in the first six months (section 1 KSchG). |
| Notice given by you during probation | Two weeks | Written form. Ask for a reference letter and clarify outstanding holiday. |
| Notice after the probation period | Regular, under the contract and the law | The periods become longer. Check your contract carefully. |
The lack of general dismissal protection does not mean anything goes. Discriminatory dismissals remain unlawful, and the written form is mandatory. If you receive notice, note the date of receipt, because it determines the deadline.
Holiday during probation
The full statutory holiday entitlement arises only after six months of employment (section 4 BUrlG). If you leave earlier, you receive partial holiday. This amounts to one twelfth of the annual entitlement for each full month worked (section 5 BUrlG).
Assumption: you have 30 holiday days per year and leave after four full months. Then you are entitled to 10 days of partial holiday (30 divided by 12, times 4). This calculation shows why it pays to check your holiday record before you change jobs.
Health insurance during probation
The probation period does not change your health insurance. If you are a statutory member as an employee, your membership continues, and your employer pays the contribution together with your share. Once you take up employment, you normally become compulsorily insured as an employee, even if you were previously insured as a student. The student health insurance ends with the end of your studies.
If you are ill, your employer continues to pay your salary first. The entitlement arises after four weeks of uninterrupted employment (section 3 para. 3 of the Continued Remuneration Act, EFZG). Continued pay then applies for up to six weeks (section 3 para. 1 EFZG). Only after that can sickness benefit from your health insurer follow. If you fall ill during probation, talk to your employer early about how you report it.
A change of health insurer generally binds you for twelve months (section 175 para. 4 SGB V). A special right to terminate applies if your insurer raises its additional contribution. For more on choosing insurance at your first job, see our German guide PKV oder GKV beim ersten Job.
What to check before probation ends
The last weeks of probation are when deadlines shift fastest. If you want to stay, clarify early whether the employer plans a confirmation or a new contract with different terms. Note the date on which probation ends and the latest date by which notice must reach the other side.
Also check your payslips. Tax class, health insurer and holiday balance should match your contract. Differences often only show at the end of probation, when they have added up. A short question to HR saves a lot of clarification later.
Frequently asked questions
When does the probation period start?
It usually starts on the start date agreed in the contract, not on the day you sign. The first working day is therefore decisive, unless the contract says otherwise. Make sure this date is clearly stated, because the end of probation depends on it.
Can the probation period be extended?
The statutory maximum is six months (section 622 para. 3 BGB). An extension beyond this limit is not provided for probation. Have the contract wording on any individual case checked before you sign.
Does my employer have to give a reason during probation?
The Protection Against Dismissal Act applies only after the employment has lasted more than six months (section 1 KSchG). During probation a termination is therefore not tied to social reasons. Written form remains mandatory, and anti-discrimination rules still apply.
What happens to my holiday if I resign during probation?
You receive partial holiday for each full month you worked (section 5 BUrlG). Holiday already taken is offset. Ask for the calculation in writing with your final payslip.
Does the probation period also apply to mini-jobs or working student roles?
A probation period can also be agreed for side jobs. The same statutory periods then apply, unless the contract says otherwise. Whether you are liable for insurance depends on the employment itself, not on the probation period.
What to do now
- Check the contract for probation, its length and the notice period before you sign.
- Note the end of the probation period in your calendar, so you know the deadlines in time.
- Clarify with HR how holiday and sick notes work during probation.
- If you are unsure about health insurance, ask your insurer before you decide.
Related guides
- Health Insurance Termination Right: Special Rules
- Family Insurance Income Comparison: When It Ends
- Berufseinstieg nach dem Studium (in German)
- Nettogehalt 2026 als Berufseinsteiger
Sources: German Civil Code (BGB), section 622, German text, accessed October 2026; Federal Leave Act (BUrlG), section 4, German text, accessed October 2026; Continued Remuneration Act (EFZG), section 3, German text; Social Code Book V, section 175, German text, accessed October 2026.
Last updated: October 2026. This guide is general information, not individual advice.
