During a German Probezeit (probation period), your employer can terminate your contract with just two weeks' notice, without giving reasons. This sounds brutal but has limits. Several circumstances make dismissal illegal even in probation — and the employer still owes you the notice period, meaning they can't fire you on the spot.
The Basic Rule
Standard Probezeit runs up to six months. During this time, dismissal requires two weeks' written notice (Kündigung in Schriftform — signed letter, not email). The notice can terminate at any day, not just at month's end. No reason needs to be given.
If your contract says nothing about Probezeit, German law presumes a maximum of six months. After six months, the standard Kündigungsschutz (job protection law) kicks in for workplaces with more than ten employees.
What the Employer Cannot Do
- Dismiss you for being pregnant: termination for pregnancy is illegal at any time, including probation. If you become pregnant during Probezeit, inform your employer in writing (Mutterschutz starts immediately upon notification).
- Dismiss you for illness up to 30 working days: while you can be dismissed during sick leave in probation, dismissal specifically because of illness during probation is difficult to enforce legally and can be challenged.
- Dismiss you verbally: oral dismissal is legally invalid. The Kündigung must be a signed written letter delivered to you in person or by registered mail.
- Dismiss you for discriminatory reasons: the AGG (Allgemeines Gleichbehandlungsgesetz, anti-discrimination law) applies during probation. Dismissal based on nationality, religion, gender, age, disability, or sexual orientation is illegal.
What To Do If Dismissed
You have three weeks from receiving the written Kündigung to file a Kündigungsschutzklage (wrongful dismissal claim) at the Arbeitsgericht (labor court). This deadline is absolute — missing it usually means losing the right to contest.
In practice, wrongful dismissal claims during Probezeit are harder to win than after probation, but they're possible in the circumstances above. The Arbeitsgericht is fast (first hearing typically within six to eight weeks) and cheap — for disputes under €4,000, no lawyer is required and no court fee applies.
If You Want to Quit During Probezeit
You also need only two weeks' notice to quit during Probezeit, unless your contract specifies a shorter period. Check your contract. Most importantly: you don't need to give a reason. If you found a better offer or the job isn't what was advertised, two weeks' written notice is enough.
Sick Leave During Probezeit
From day one, your employer must pay your full salary during sick leave for up to six weeks (Entgeltfortzahlungsgesetz). Your GKV health insurance takes over after six weeks. Being sick during Probezeit doesn't automatically lead to dismissal — the employer still needs to follow proper notice procedures.
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