When new workers start their jobs, it can be a time of uncertainty. Despite having thoroughly interviewed and selected their preferred candidates, employers still need to make sure they can perform their roles satisfactorily.

Employees may have researched their employers and negotiated compensation and working conditions in their own favor but won’t know if they’ll truly flourish in their roles until they try them out.

Probation periods in Germany exist to allow both parties a chance to explore their relationship and make a final decision on employment. Let’s look at the rules and regulations surrounding probation periods in Germany to help you understand and define your obligations.

Definition of a Probation Period in Germany

In Germany, as in many other countries, a probation period is a prescribed part of the beginning of an employment relationship that has fewer protections for both employees and employers. Their purpose is to allow employers and workers to test their relationships before making them longer-term or permanent.

Employees are able to leave their jobs more easily if they decide they don’t fit well into organizations or enjoy their duties. Employers are able to assess workers’ actual skills and abilities and can dismiss them if they’re found to be lacking.

Probationary periods are not mandatory in Germany for most workers. However, vocational trainees such as apprentices are required to undergo probationary periods.

Lengths of Probationary Periods in Germany

As probation periods are not mandatory under German law, their specific lengths are similarly not mandated. However, the German Civil Code limits their duration to a maximum of six months. This is how the lengths of probation periods relate to different kinds of employment in Germany:

Probation Periods With Fixed-term Contracts

Contracts with pre-agreed end dates written into them are fixed-term contracts. According to German law, the length of a probation period for a fixed-term contract must be proportional to the duration of the contract and cannot exceed six months. Shorter-term contracts should therefore have shorter probation periods, though their length is not mandated. 

In some cases, employers will choose to engage employees with fixed-term contracts for set periods that represent their probationary periods. These contracts may offer lower compensation than what permanent employees would be paid. If they’re happy with their employees’ performance during this time, employers may offer permanent contracts at the end of the fixed contracts.

Probation Periods for Permanent Contracts

Permanent or open-ended contracts can have probation periods of a maximum of six months.

Probation Periods for Vocational Trainee Contracts

According to the 2005 Vocational Training Act, vocational trainees must be put on probation for a minimum of one month and a maximum of four months. 

Legal Considerations of Probation Periods in Germany

German law recognizes the importance and usefulness of probation periods for both employers and employees. It has, therefore laid out the following rules and regulations regarding the obligations of both parties during probation:

Duration

For ordinary workers, probation periods are not mandatory and can be of any length to a maximum of six months. The length of a probation period must be agreed upon in an employment contract. 

The period can be extended, however, using an extended notice period. The employer may offer a longer notice period than mandated and include this notice period in the employee’s contract.

The employee can then be given termination notice at the end of their probation period and the notice extends the probation period as a chance for the employee to improve their performance.

For example, if the agreed notice period is one month and notice is given at the end of a six-month probation period, the total period can be extended to seven months. Vocational trainees must undergo probation of between one to four months.

Pay and Working Conditions

While in several other countries, employers can pay probationary employees less than full employees, this is not true in Germany. During probation periods, German workers must receive the full salaries they’re promised in their contracts. They must also receive the same working conditions, hours, and social security benefits as permanent employees in similar positions.

Termination and Notice

For normal workers, notice periods for resignations or terminations must be at least four weeks from the fifteenth day of the month or the end of the month. However, during probation, this is reduced to two weeks’ notice. This must be given by both employees and employers.

Employers must, however, offer justification for terminations and provide proof that employees are not fit for their positions. In the case of gross misconduct, however, no notice is required.

Vocational trainees, however, can be terminated at any time without notice, provided their employers can justify their terminations. As a special protection, pregnant women and mothers who’ve given birth within four months cannot be terminated during probation periods.

Vacation / Holidays

According to the Federal Holiday Act, German workers are entitled to a minimum of 24 days of paid leave per year. For the first six months of employment, these days are unlocked by 1/12 of the worker’s full entitlement per month of work. If a worker is entitled to 24 days of annual leave, they will earn 12 of these days during a six-month probation period.

Benefits of Probation Periods in Germany

Employers and employees can benefit from probation periods in the following ways:

  • For Employees

Chance to test out a new job.

Able to resign more easily than after probation with just two weeks’ notice.

Legal limits to probation period length protect workers.

  • For Employers

Opportunity to test out new workers and introduce company culture.

Can terminate employees more quickly than after probation.

Frequently Asked Questions

While probation of one to four months is mandatory for vocational trainees, probation is not mandatory for other workers and is at the discretion of the employer.

The maximum length allowed is six months, but a three-month probation period is much more common.

Both employers and employees must give two weeks’ notice in writing to the other party to terminate an employment contract.