What notice period applies in the probation period?
Two weeks, without a reason. If the employment contract agrees a probation period (at most 6 months), either side can terminate the employment with two weeks' notice (§ 622(3) BGB) — to any day, without giving reasons. General dismissal protection (Dismissal Protection Act) only applies once the employment has lasted more than 6 months and the firm has more than 10 employees. Special dismissal protection — e.g. for pregnant women, severely disabled people or those on parental leave — applies in the probation period too.
📋 The rules
- Probation period at most 6 months
- Notice period both ways 2 weeks (§ 622(3) BGB)
- No reason required, dismissal possible to any day
- General dismissal protection only after 6 months (+ firm size)
- Special protection (pregnancy, severe disability, etc.) applies here too
🔓 Exceptions
- A collective/employment contract can set a longer period (shorter only within narrow limits)
- Pregnant women and severely disabled people enjoy special protection in probation too
- An immoral or bad-faith dismissal is void even in probation
⚠️ Penalties & fines
No fines here. A formally valid probation dismissal ends the employment after two weeks. But if special protection applies or the dismissal is discriminatory/bad-faith, it's void — you can file a dismissal-protection claim at the labour court within 3 weeks. A severance claim usually doesn't exist in the probation period.
📎 Official sources
- § 622 BGB · Notice periods for employment →
- Dismissal Protection Act (KSchG) · applies from 6 months →
- DGB · Probation period and dismissal →
❓ Frequently asked
How long is the notice period in probation?
Two weeks — for both sides and to any day. That applies during the agreed probation period of at most six months, unless the contract or a collective agreement sets a longer period.
Does the employer need a reason to dismiss?
Not in the probation period. As long as the employment hasn't lasted six months, general dismissal protection doesn't yet apply — a dismissal is possible without reasons. But immoral or bad-faith dismissals are void even then.
Does dismissal protection really only start after 6 months?
General protection under the KSchG only applies once the employment has lasted more than six months and the firm has more than ten employees. Before that, dismissal is easier.
Am I completely unprotected in probation?
No. Special dismissal protection applies in probation too — e.g. for pregnant women, severely disabled people or employees on parental leave. A discriminatory dismissal is also void.
Can I challenge a probation dismissal?
Yes, if there's a ground for invalidity (e.g. special protection or bad faith). Then you must file a dismissal-protection claim at the labour court within three weeks of receiving it.
🔎 Common searches
What people search to land here:
- “notice period probation 2 weeks”
- “probation dismissal without reason”
- “dismissal protection only after 6 months”
- “probation max 6 months”
- “special protection probation”
- “dismissal protection claim 3 weeks”