Employment Law2026-08-23

Dismissal During the Probationary Period: What Still Gets Checked

Dismissal during the probationary period is not a blank cheque for your employer. Which rights apply even without the Protection Against Dismissal Act, and when a claim is worth bringing.

You are holding the notice of dismissal. Only a few weeks or months have passed in your new job. Your first thought is: “During the probationary period, my employer can dismiss me however they like anyway.” That is not quite right. The probationary period does make ending the relationship considerably easier — but it does not put it beyond the reach of the law.

In brief

During the first six months of the employment relationship, the Protection Against Dismissal Act (KSchG) does not yet apply. Your employer therefore does not need a socially justified reason. Even so, the notice period, the written-form requirement, any works council consultation and special protective rights must still be observed — for example in the case of pregnancy, severe disability or parental leave. If the dismissal breaches any of these, or if it is simply made in bad faith or is discriminatory, it can be challenged despite the absence of general dismissal protection. But this only works if you bring a claim within three weeks.

How I can help you

Reviewing your dismissal for defects of form and timing, as well as for special dismissal protection
Assessing whether an unfair dismissal claim is worthwhile even before the qualifying period has run
Keeping track of deadlines so the three-week limitation period does not lapse unused
Negotiating with your employer — for instance over a reference, a release from work or a severance payment
Representing you before the labour court where a claim makes sense

The qualifying period and the probationary period are two different things

This is where most of the misunderstandings arise. The “probationary period” (Probezeit) is a term from your employment contract — usually three to six months, with a shortened notice period. The “qualifying period” (Wartezeit) is a term from the statute. Under section 1(1) of the Protection Against Dismissal Act (KSchG), general dismissal protection only takes effect once the employment relationship has existed without interruption for more than six months in the same establishment.

In practice the two periods usually run in parallel, but in law they are independent of one another. A shorter contractual probationary period of three months does not change this. Dismissal protection only begins after six months of service. So even where the contractual probationary period has already ended, the qualifying period may still be running. As long as the employment relationship is less than six months old, the position remains the same: no dismissal protection under the KSchG.

The notice period during the probationary period

During an agreed probationary period of no more than six months, the employment relationship may be terminated on two weeks’ notice under section 622(3) of the German Civil Code (BGB). There is no requirement to tie the termination to a particular date, such as the middle or end of the month. This shortened period applies to both sides — so you too may give two weeks’ notice. Importantly, this short period only applies for as long as a probationary period has been validly agreed and is still running. Your first step should therefore be to check the contract: does it actually contain a probationary-period clause, and when does it end? If your employer only gives notice after the probationary period has ended, the longer basic notice period applies: four weeks to the 15th or to the end of the month.

Fixed-term contracts with an agreed probationary period involve a further special feature. Under section 15(4) of the Part-Time and Fixed-Term Employment Act (TzBfG), a fixed-term employment relationship can only be terminated on ordinary notice if the contract or a collective agreement expressly provides for this. Where there is no such clause, the employer generally cannot terminate early — not even during an agreed probationary period. In addition, under section 15(3) TzBfG the agreed probationary period must be reasonable in relation to the expected duration of the fixed term. An unreasonably long probationary period attached to a short fixed term may be invalid.

What always has to be checked regardless

Even without the Protection Against Dismissal Act, a dismissal is not a formality. These are the points I check in every case:

Written form. Under section 623 BGB the dismissal must be made in writing and signed by hand. Electronic form is expressly excluded. A dismissal by email, text message or WhatsApp is invalid — whether or not you are still within the qualifying period.

Works council consultation. If there is a works council in your establishment, it must be consulted before any dismissal — including during the probationary period. The qualifying period under section 1 KSchG is irrelevant here. A dismissal issued without consultation is invalid under section 102(1) of the Works Constitution Act (BetrVG). For ordinary dismissals, the works council has one week to respond. If it says nothing, this counts as consent.

Special dismissal protection. Certain groups are protected regardless of the KSchG qualifying period:

Pregnant employees: dismissal is generally not permitted during pregnancy under section 17(1) of the Maternity Protection Act (MuSchG). The condition is that the employer knew of the pregnancy, or is informed within two weeks of the dismissal being received.
People with severe disabilities: here too a six-month qualifying period applies. Only once the employment relationship has existed without interruption for more than six months does a dismissal require the prior consent of the Integration Office (section 173 SGB IX). During the first six months, this protection does not yet apply.
Parental leave: the employer generally may not give notice once parental leave has been requested — at the earliest from eight weeks before it begins (section 18(1) BEEG).

Prohibition of reprisals. If your employer dismisses you because you have lawfully exercised a right, this breaches section 612a BGB. This applies, for example, where you have demanded payment for overtime, submitted a sick note or made a complaint. Such a dismissal is invalid, regardless of the qualifying period.

Bad faith and discrimination. Even without the Protection Against Dismissal Act, the general principle of good faith (section 242 BGB) provides a minimum safeguard against particularly arbitrary or unconscionable dismissals. This covers cases of pure harassment, for instance. In addition, a dismissal must not be based on a characteristic protected by the General Equal Treatment Act (AGG) — such as sex, age, origin, religion or disability. Both of these tests are narrowly drawn and only bite in clear exceptional cases. They do not replace the general social selection process that only becomes mandatory once the qualifying period has passed.

The three-week deadline applies here too

This is often overlooked: anyone wishing to challenge a dismissal must, under section 4 KSchG, bring a claim before the labour court within three weeks of receiving the written notice. This applies to defects of form just as much as to a missing works council consultation, special dismissal protection or discrimination. The deadline applies regardless of whether the qualifying period under section 1 KSchG has already been met. If you miss it, the dismissal is generally treated as having been valid from the outset once the deadline has passed — even where it would in fact have been invalid. That is why, with a dismissal during the probationary period, one thing matters above all: act quickly.

A typical case from practice

An employee receives her notice of dismissal in the fourth week of her six-month probationary period — by email, with a note that “the original will follow”. At that point she is in the eighth week of pregnancy, but has not yet said anything to her employer. Two points apply here regardless of the qualifying period. The email dismissal is invalid for want of the written form. And if she notifies her employer of the pregnancy within two weeks of receiving the written notice, the special dismissal protection under the Maternity Protection Act applies on top of that. In a case like this, a claim is almost always worthwhile despite the probationary period still being under way.

Common mistakes

Reacting too late because you assume “it’s not worth it during the probationary period anyway”. The three-week deadline runs regardless of whether dismissal protection applies.
Accepting the dismissal orally or by email instead of insisting on the written form. Without a hand-signed original, it is invalid.
Failing to disclose a pregnancy or severe disability in good time. The protection only applies if the employer knows of it or is informed within the deadline.
Relying on your employer’s oral assurances (about a reference or remaining holiday, say) without securing them in writing.
Signing a termination agreement too hastily. It is often less favourable than an ordinary dismissal — for example because of possible waiting periods before jobseeker’s benefit is paid.

Frequently asked questions

Can my employer dismiss me during the probationary period without giving a reason?

Yes. As long as the six-month qualifying period under section 1(1) KSchG has not yet been met, your employer does not need a socially justified reason for dismissal. They must, however, observe the notice period, the written-form requirement and any special dismissal protection.

Am I entitled to a reason for my dismissal during the probationary period?

No, generally not — unless you fall under special dismissal protection or there are indications of discrimination or reprisal. If asked, some employers will still volunteer a reason. As a rule, though, they are not obliged to.

What happens if the works council was not consulted before my dismissal?

Then the dismissal is invalid under section 102(1) BetrVG — regardless of whether you already enjoy dismissal protection under the KSchG. You must, however, assert this before the court within the three-week deadline.

Is it worth taking legal advice if I have been with the company for less than six months?

Yes — precisely because many of those affected wrongly assume they have no rights at all during the probationary period. Defects of form, a missing works council consultation or special dismissal protection come up regularly in practice. They can often only be asserted within the three-week deadline.

What does a review of my dismissal cost?

The costs are set by the Lawyers’ Remuneration Act (RVG) or are covered by your legal expenses insurance, if you have it. I will go through the options with you in our initial consultation.

Your next step

A dismissal during the probationary period often feels like a dead end — but frequently it is not. Bring me the dismissal and your employment contract. Within the time still available, I will check whether the form, the deadlines and any special rights have been observed, and whether a claim is worthwhile. You can find out more about your options in relation to dismissals and across employment law as a whole at /en/topics/employment-law. Do get in touch promptly — the three-week deadline will not wait.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-08-23.

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