GermanyCan I be dismissed during the probation period?
Yes, you can be dismissed during the probation period in Germany, but only with a two-week notice period and subject to anti-discrimination rules.
What the Law Says
German law permits employers to terminate employment during a legally valid probation period — but with strict limits on notice period and fairness.
Under German law, a probation period (Probezeit) may be agreed in writing at the start of employment. It cannot exceed six months — even if both parties agree to longer, any duration beyond six months is invalid under BGB § 622(3).
During this time, either party may terminate the employment relationship with just two weeks’ notice — and no reason needs to be given. This is significantly shorter than the standard notice periods that apply after probation ends (e.g., four weeks to the 15th or end of the month under BGB § 622(1)).
However, this freedom is not absolute. Even during probation, dismissals must comply with general legal prohibitions — especially the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), which bans discrimination based on race, gender, religion, disability, age, or sexual identity from day one of employment.
Statutory Text(3) Während einer vereinbarten Probezeit, längstens für die Dauer von sechs Monaten, kann das Arbeitsverhältnis mit einer Frist von zwei Wochen gekündigt werden.
— BGB § 622 — German Civil Code
What Courts Have Said
German courts confirm that while probationary dismissals are procedurally easier, they remain subject to fundamental rights — especially non-discrimination.
The court ruled that even during the first six months — when the Protection Against Unfair Dismissal Act (KSchG) does not yet apply — employers must avoid discriminatory motives. If facts suggest bias (e.g., dismissal right after pregnancy announcement), the employer must prove the decision was based on legitimate, non-discriminatory grounds.
The court reaffirmed that ordinary dismissals during probation still require formal correctness — including proper written notice and, where applicable, prior consultation with the works council (if one exists). Failure to consult may render the dismissal invalid, even in probation.
What to Do
Check your written contract: Confirm whether a probation period is agreed — and whether it’s within the legal 6-month limit.
Review the dismissal letter: Ensure it gives at least 2 weeks’ notice and is in writing (oral termination is invalid).
Assess context: If dismissal follows a protected event (e.g., illness, pregnancy, disability disclosure, or union activity), gather evidence — discrimination claims remain enforceable even during probation.
Consult a labor lawyer promptly: You have only three weeks from receipt of dismissal to file a wrongful dismissal lawsuit (Kündigungsschutzklage), even during probation — especially if discrimination or procedural flaws are suspected.
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.