What are probation periods in Germany?



Modified on: Thu, 6 Nov, 2025 at 4:05 PM

TABLE OF CONTENTS

In Germany, a probationary period, known as "Probezeit" is a standard part of most employment contracts. It serves as a mutual trial phase for both the employer and the employee to assess compatibility and performance.



Duration of the Probation Period

  • The maximum legal duration is six months, as per §622 (3) BGB.
  • Shorter durations are common, especially for mid-senior roles (e.g., 3 months).
  • The exact duration should be clearly stated in the employment contract.


Purpose of the Probation Period

The probation period allows both parties to:

  • Evaluate job performance and cultural fit.
  • Decide whether to continue the employment relationship long-term.
  • Conduct performance reviews and provide feedback.



Termination During Probation

  • Either party can terminate the contract with shorter notice, typically two weeks.
  • The specific notice period must be outlined in the employment contract.
  • Employees still retain legal protections during probation, including:
    • Protection against discrimination and harassment.
    • Access to benefits like health insurance and paid leave.


Post-Probation Employment Protection

After six months of employment:

  • Employees generally gain regular dismissal protection under the German Protection Against Dismissal Act (KSchG).
  • The termination notice period becomes longer and more protective.
  • The exact notice period depends on the employment agreement and tenure.


Can the Probation Period Be Extended?

Yes but only under strict conditions:

  • Maximum total duration: 6 months.
  • Employee consent is required:
    • The extension must be agreed upon in writing.
    • It must be signed as an amendment to the employment contract.
  • Employers cannot unilaterally extend the probation period.

Example:

  • If the original probation is 3 months, it can be extended by up to 3 more months.
  • If it’s already 6 months, no further extension is allowed.


Best Practices for Employers

  • Discuss performance concerns early.
  • Document feedback and reasons for extension.
  • Initiate extension discussions before the original probation ends.
  • Ensure transparency and fairness throughout the process.


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