Probation Period in Germany: Probezeit, Dismissal, Vacation, and Sick Leave

Probation Period in Germany: What Matters About Probezeit

In Germany, Probezeit gives both the employer and the employee time to see whether they are a good fit for each other. For a newcomer, this is not a period “without rights”: you can take sick leave, accrue vacation, receive salary under the normal rules, and require a written dismissal notice. But there is one important feature: if a probation period is agreed in the contract, the employment relationship can usually be ended more quickly during the first months than after it ends.

For foreigners, Probezeit often feels especially stressful. Losing a job can affect plans to extend a residence permit, bring family over, rent housing, or get a loan. That is why it helps to understand in advance what exactly is written in your employment contract, which notice periods apply, and what to do if the job is not a good fit.

Probezeit and Erprobung Are Not the Same Thing

German contracts use two similar but different ideas.

Probezeit is a probation period within a standard employment contract. After it ends, the contract continues automatically unless one of the parties terminates it. A separate letter confirming that you passed is usually not required.

Example wording in a contract:

The first six months of the employment relationship are considered a probation period. During this probation period, both parties may terminate the employment relationship with two weeks’ notice.

Erprobung is a fixed-term contract “for evaluation.” In that case, the employment relationship ends on the stated date unless the parties sign a new contract or extend the existing one.

Example:

The employment relationship is fixed until 31.12.2026 for the purpose of evaluation and ends on that date without requiring a termination notice.

If the contract has a fixed term, it is important to check whether ordinary Kündigung is allowed before the end date. With fixed-term contracts, this depends on the contract wording or the applicable collective agreement.

How Long the Probation Period Lasts

The law does not require every employer to set a Probezeit in every employment contract. If a probation period is used, it is usually written down in the contract. In practice, 3 or 6 months are common.

The key legal reference for regular employment is § 622 BGB: the shortened notice period during Probezeit can apply only during the agreed probation period and only within the first 6 months. If the contract states more than 6 months, that does not extend the option to dismiss with the shortened two-week notice beyond the legal limit.

Separately, general dismissal protection under the Kündigungsschutzgesetz exists. It usually starts only after more than 6 months of employment with the employer and only in companies where that law applies based on employee count. So a short Probezeit does not always mean that full dismissal protection starts earlier.

Dismissal During Probezeit

The main difference during Probezeit is the notice period. Under § 622 BGB, the basic notice period in a normal situation is 4 weeks to the 15th or to the end of a calendar month. During an agreed Probezeit, for a maximum of the first 6 months, the parties can terminate the contract with 2 weeks’ notice.

This rule works both ways: the employer can dismiss the employee, and the employee can resign. The dismissal must be in writing. A verbal message, messenger app, or email does not replace a written Kündigung.

What to check in the contract:

• whether there is a separate clause on Probezeit;
• which notice period is stated for Probezeit;
• whether a Tarifvertrag applies;
• whether the contract is permanent or fixed-term;
• whether there are longer notice periods that are more favorable to the employee.

If both parties want to separate more quickly, they can sign an Aufhebungsvertrag, an agreement to terminate the contract. It should not be signed on the spot under pressure: it can affect unemployment benefits and other rights.

If You Resign Yourself

It is better to resign during Probezeit after you have found a new position or at least have a clear search plan. Several very short employment periods in a row can raise questions for future employers, even if legally you did nothing wrong.

A practical order of steps:

• first check the notice period in the contract;
• do not criticize the previous company in your resume or in interviews;
• explain the job change briefly as a mismatch in tasks, team, or expectations;
• ask for an Arbeitszeugnis even if the period was short;
• if your residence permit is tied to your job, clarify the consequences with the Ausländerbehörde in advance.

Pregnancy and Special Protection

Pregnancy is an important exception to the usual logic of Probezeit. Under § 17 MuSchG, dismissal of a pregnant employee is generally prohibited if the employer knew about the pregnancy or if the employee informs the employer within the legal time limit after receiving the Kündigung. This protection also continues after childbirth within the limits set by law.

This rule is connected to maternity protection. An employee may already be pregnant when hired or may become pregnant in the first months of work. The employer may ask for medical confirmation, but Probezeit itself does not cancel this special protection.

In a disputed situation, it is better to quickly seek advice from the Betriebsrat, a union, legal counseling, or a Fachanwalt für Arbeitsrecht, because the deadlines for reacting to a Kündigung are short.

Vacation During the Probation Period

Vacation during Probezeit is possible. The restriction is connected less to the probation period itself and more to the Bundesurlaubsgesetz: full annual vacation entitlement usually arises after 6 months of work. Before that, the employee receives partial vacation, usually 1/12 of the annual entitlement for each full month of employment.

Example: if the contract provides 30 working days of vacation per year, one full month gives 2.5 days. After 4 full months, that becomes 10 days.

The employer may agree to vacation earlier, especially if a trip was planned before you started the job and you honestly mentioned it during hiring. But you usually cannot demand the full annual vacation immediately during the first months.

Special short absences for personal reasons are sometimes regulated by § 616 BGB, the contract, or a Tarifvertrag. A wedding, the birth of a child, a move, or a child’s illness may be treated differently, so you need to check the local company rules.

Sick Leave During Probezeit

You are allowed to be ill during Probezeit. Sick leave by itself does not automatically extend the probation period and does not take away the employee’s rights.

Important rules:

• if the employment relationship has lasted more than 4 weeks, Entgeltfortzahlung usually applies, meaning the employer continues paying salary for up to 6 weeks for the same illness;
• after 6 weeks, Krankengeld from the Krankenkasse may apply if the insurance conditions are met;
• in the first 4 weeks of work, the right to payment from the employer usually has not yet arisen, so you should clarify payment questions with your health insurance;
• illness must be reported to the employer on time, and sick leave documentation must follow the company’s rules and the eAU process.

More details are in the article about sick leave in Germany. If the job temporarily allows work from home, that can be discussed separately, but home office does not replace sick leave when a person is actually unable to work.

Can You Be Dismissed While Sick

A common myth says that you cannot be dismissed while on sick leave in Germany. That is wrong. A Kündigung can also arrive during illness. In the first 6 months, general dismissal protection often still does not apply, so the employer usually does not have to explain the reason in detail unless there is special protection.

But the dismissal must not violate special prohibitions, for example protections for pregnant employees, severe disability, Elternzeit, anti-discrimination rules, or rules relating to the Betriebsrat. If there is any suspicion of unlawful dismissal, it is important to quickly check the deadline for filing a Kündigungsschutzklage.

Probezeit in Ausbildung

In vocational training (Ausbildung), Probezeit is mandatory. Under § 20 BBiG, it lasts at least 1 month and at most 4 months. During this period, under § 22 BBiG, the Ausbildung contract can be terminated in writing without any notice period.

Question	What applies during Probezeit in Ausbildung
Duration	Minimum 1 month, maximum 4 months under BBiG
Termination	Possible in writing without any notice period
Reason	During Probezeit, it is usually not necessary to state a reason
Vacation	Vacation accrual depends on the general rules and the contract
Illness	Entgeltfortzahlung may apply if the conditions are met
Special protection	Pregnancy, disability, and other special cases must be checked separately

After Ausbildung ends and you move into a regular job with the same or a different employer, there may be a new probation period in the employment contract.

Short Kündigung Template for Ausbildung

If an apprentice wants to terminate the contract during Probezeit, the text should be simple and in writing. Before sending it, it is worth checking the contract and the address of the Ausbildungsbetrieb.

First name and last name
Address
Postal code, city

Training company
Address
Postal code, city

Date

Termination of the vocational training relationship during the probation period

Dear Sir or Madam,
I hereby terminate my vocational training relationship, which began on [date], during the probation period in accordance with § 22 BBiG.
Please confirm receipt of this termination in writing and issue me a training certificate.

Yours sincerely,
[Signature]

What Changes for Foreigners

For German citizens, EU citizens, and people with permanent residence, Probezeit mostly affects career, income, rent, and creditworthiness. For people with a limited residence permit, an immigration risk is added: if the right to stay is linked to a specific job or to qualified employment, losing the job cannot be ignored.

The general safe rule is this: as soon as you receive a Kündigung, or if you plan to leave without a new contract, contact the Ausländerbehörde and clarify whether notification is required, which deadlines for finding a new job apply to your specific status, and whether you can start a new job without additional permission.

People with a work visa, EU Blue Card, Chancenkarte, residence permits tied to a specific employer, and recent graduates who have just changed status should check this especially carefully.

How to Get Through Probezeit More Calmly

The probation period is easier if you make expectations explicit from the first weeks.

• clarify tasks, success criteria, and priorities for the first 30, 60, and 90 days;
• ask for feedback before Probezeit ends, not in the last week;
• put agreements in writing, because a short summary after a meeting often helps avoid misunderstandings;
• follow workplace rules: start times, illness reporting, vacation requests, home office, and confidentiality;
• do not hide problems until the end of the probation period: if a task is unclear, it is better to ask earlier;
• keep normal relations with the team, but do not try to replace results with excessive “socializing.”

After 2-3 months, it makes sense to ask your manager for a short feedback meeting. The questions can be simple: what is going well, what needs improvement, and what expectations remain until the end of Probezeit.

What to Do If You Are Dismissed During the Probation Period

1. Check that the Kündigung arrived in writing and is signed.
2. Compare the date you received the letter with the notice period in the contract.
3. If there is pregnancy, disability, a Betriebsrat, Elternzeit, or suspected discrimination, urgently check the special rights that may apply.
4. Register with the Agentur für Arbeit as arbeitssuchend as early as possible; if the end date is known in advance, there is usually a duty to report 3 months ahead, and if you learned later, within 3 days.
5. If you plan to claim Arbeitslosengeld, clarify the Anwartschaftszeit and submit the application on time.
6. Inform the Krankenkasse if your insurance status changes.
7. If your residence permit is tied to the job, notify the Ausländerbehörde and clarify the next steps.
8. Ask for an Arbeitszeugnis.
9. Update your CV and start looking for a new position.

Probezeit FAQ

Question	Short answer
Does every job have a probation period?	No. Probezeit must be agreed in the contract or applicable agreement.
What is the most common length?	Often 3 or 6 months. For Ausbildung, the minimum is 1 month and the maximum is 4 months.
How much notice is required for dismissal?	During an agreed Probezeit, usually 2 weeks, unless the contract or Tarifvertrag provides a different rule.
Can you take vacation?	Yes, but usually only the part of the vacation that has already accrued before 6 months of work have passed.
Will unused vacation be paid out on dismissal?	Vacation entitlement that exists must be granted or compensated if it can no longer be taken.
Can you take sick leave?	Yes. Sick leave does not cancel Probezeit and does not extend it automatically.
Can you be dismissed while on sick leave?	Yes, but special prohibitions and anti-discrimination rules may still protect the employee.
What happens after Probezeit ends?	The contract continues under normal conditions if it is not fixed-term and has not been terminated.
Will the salary increase after Probezeit?	Only if that is provided for in the contract, an agreement, or a separate arrangement.