Probation Period in Germany: What the 2-Week Notice Rule Means for You

Q: What notice period applies during a probation period in Germany?

Under Section 622(3) of the German Civil Code (BGB), a probation period of up to six months carries a notice period of just two weeks, effective on any calendar day, not only the 15th or the end of the month.

Q: Do I have dismissal protection during my probation period?

Usually not. The Dismissal Protection Act only applies after six months of uninterrupted employment at the same company, the waiting period under Section 1 of that Act. Since the probation period usually falls within exactly those first six months, it often ends before general dismissal protection even begins.

Q: Does my employer have to give a reason for dismissing me during probation?

No. As long as the Dismissal Protection Act does not yet apply, your employer generally does not have to state a reason. Exceptions apply for discrimination under the General Equal Treatment Act, or special statutory protection such as during pregnancy.

Q: Am I completely unprotected during my probation period?

No. Regardless of the waiting period, special protection against dismissal applies during pregnancy under the Maternity Protection Act, for works council members, for employees with a severe disability, and under the discrimination ban of the General Equal Treatment Act, all of which also apply during probation.

JobChamp Guide · Updated July 17, 2026

During a probation period (Probezeit) in Germany, Section 622(3) of the Civil Code (BGB) sets a notice period of just two weeks, effective on any calendar day. General dismissal protection under the Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) only starts after six months at the same company, so it usually kicks in right when your probation period ends, not before. Still, you are not entirely without protection: discrimination, pregnancy, and a handful of other special cases remain off-limits at any time.

What a probation period actually means under German law

A probation period is an initial phase of the employment relationship agreed in your contract, during which both you and your employer can find out whether the working relationship fits. German law does not require one, but most employment contracts include it anyway, typically for three to six months. One important limit: a genuine probation period, in the legal sense that carries the short notice period, cannot exceed six months. Agree to anything longer and it loses that special status.

During this phase, you can resign just as easily as your employer can dismiss you, using the same shortened notice period. That is the key difference from the period afterward, when both sides are bound by the regular notice periods, which are usually considerably longer.

Can the probation period simply be extended?

An agreed probation period cannot be extended at will just because your employer is still unsure about you. The statutory six-month cap for the shortened notice period under Section 622(3) BGB is fixed. If a new contract is signed, for example after a fixed-term assignment or a move to a different role within the same company, a new probation period can sometimes be agreed, but that is a separate contractual arrangement, not a simple extension of the original one. Be especially alert if anyone calls something an "extension" of your probation period, and read any new agreement carefully before you sign it.

The two-week notice period in detail

Section 622(3) BGB is clear: during an agreed probation period of up to six months, the employment relationship can be terminated with two weeks' notice. The crucial difference from a regular dismissal is that these two weeks run from the day you receive the notice to any calendar day, not just the 15th or the end of the month, as is otherwise standard.

Phase	Notice period	Effective date
Probation period (up to 6 months)	2 weeks	Any calendar day
After probation, base period	4 weeks	15th or end of month

If your employment contract sets a longer notice period even for the probation phase, that contractual term applies, as long as it favors you over the statutory minimum. Read your contract carefully before relying on the statutory two weeks.

Why dismissal protection usually does not apply during probation

The Dismissal Protection Act protects employees from being dismissed without a socially justified reason. Under Section 1 of that Act, this protection only applies once your employment at the same company has lasted more than six uninterrupted months, known as the waiting period (Wartezeit). Because the probation period in practice almost always falls within exactly those first six months, it typically ends just before dismissal protection would even begin.

On top of that, the Dismissal Protection Act only applies at companies with more than ten employees as a rule (the threshold, Schwellenwert). At smaller companies, general dismissal protection is often still missing even after the probation period ends.

No dismissal protection does not mean your employer can dismiss you arbitrarily. They simply do not have to state a socially justified reason under the Dismissal Protection Act. Discrimination, dismissals that violate public policy, or dismissals in bad faith remain prohibited regardless.

The exceptions: when you are still protected

Even without the six-month waiting period, there are situations where special protection against dismissal applies regardless of how long you have worked at the company.

Pregnancy: The Maternity Protection Act (Mutterschutzgesetz) protects you from the moment you announce your pregnancy, no matter how briefly you have been employed.
Severe disability: Special dismissal protection rules apply to employees with a severe disability or an equivalent status, though usually only after a certain time at the company.
Works council members: Anyone serving on the works council (Betriebsrat) enjoys special statutory protection against dismissal.
Discrimination under the General Equal Treatment Act (AGG): This law bans dismissals based on gender, origin, religion, disability, age, or sexual identity, regardless of the waiting period or company size.
Dismissals against public policy or good faith: In rare, especially blatant cases, a dismissal can be deemed void as immoral or in bad faith, even outside the Dismissal Protection Act.

Received a dismissal during your probation period?

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What to do after a dismissal during your probation period

Note the date you received it. Your notice period, and any deadline to challenge it, starts running from this day, even during probation.
Check whether a special case applies. Are you pregnant, severely disabled, a works council member, or is there any hint of discrimination? If so, legal advice is worth it regardless of how short your employment was.
Recalculate your notice period. Two weeks from the day you received the letter, unless your contract explicitly grants more. See our guide on notice periods in Germany for the rules that apply after probation too.
Ask for your reference letter. Even after a short period of employment, you are entitled to a simple or a qualified reference (Arbeitszeugnis). Our guide to the German employment reference explains what to check before you sign off on it.
Register as job-seeking. Report to the Federal Employment Agency promptly to avoid disadvantages with unemployment benefits.
Do not sign anything hastily. If you are offered a termination agreement (Aufhebungsvertrag) at the same time, check the consequences for your unemployment benefits before you sign.

If your dismissal came without a probation period involved, or you are unsure what your options are more generally, our guide on being fired in Germany walks through the wider process step by step.

Dismissal without a reason: what it means for you

As long as the Dismissal Protection Act does not yet apply, your employer generally does not have to name a reason for the dismissal, let alone a socially justified one. That often feels unfair, but it is the legal starting point during probation. Employers frequently give a reason anyway, informally, in a face-to-face conversation, but they are not legally required to.

Some employers informally justify a dismissal during probation with claimed lack of professional fit or a poor match with the team. Legally, you do not have to disprove that, as long as no special case applies. Still, it is worth asking for the stated reasons in writing, or noting them down yourself, in case indications of discrimination or a bad-faith dismissal surface later.

Even a formally correct dismissal during probation must reach you in writing. A dismissal given verbally or by email is invalid, no matter how briefly your employment has lasted.

Frequently asked questions

What notice period applies during a probation period in Germany?

Two weeks, effective on any calendar day, for a probation period of up to six months under Section 622(3) BGB.

Do I have dismissal protection during my probation period?

Usually not. General dismissal protection only starts after six months of uninterrupted employment at the same company, which typically falls right after most probation periods end.

Does my employer have to give a reason for dismissing me during probation?

No, not as a rule. Exceptions exist for discrimination or special statutory protection, such as during pregnancy.

Am I completely unprotected during my probation period?

No. Pregnancy, works council membership, severe disability, and the discrimination ban all provide protection regardless of the waiting period.

Get through the first days after a dismissal safely

JobChamp's first-aid for HR letters walks you through what matters right after a dismissal during probation, from the notice period to your reference letter. The app is currently available in German.

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This article is general information and does not replace legal advice for your specific situation. For concrete disputes, your union, legal insurance, or an employment lawyer can help.