Probation and notice: two clauses to read together

The common structure

Many German employment agreements set a probationary period (Probezeit) of up to six months and provide a shorter notice period during it. Candidates sometimes read “six months” as a guaranteed trial that must run its course. It is not. The notice wording determines how either side may end the relationship during that phase.

Dates matter more than labels

Identify the start date, the stated end of probation and the notice period that applies before and after that point. Then ask when notice is effective: on receipt, at the end of a calendar period, or according to another formula. A small difference in wording can shift the actual final working day.

Probation should also not be confused with the six-month waiting period commonly associated with general dismissal protection. The concepts can overlap in time while serving different legal functions.

What to ask before signing

Check whether a longer contractual notice period applies equally to employee and employer after probation. If you are relocating, consider what a short early notice period means for housing and immigration planning. Ask whether any collective agreement is incorporated, because it may alter the timetable.

This overview cannot decide how a clause applies to a specific dismissal. If a termination has already occurred, obtain legal advice promptly because strict deadlines may apply.