It’s difficult to get to know the workplace as it would be under normal circumstances if, as a new employee, you’ve worked from home or—due to the SARS-CoV-2 pandemic—have worked very little or not at all because of reduced hours. As a result, the contracting parties may still be unable to decide whether to continue the employment relationship even after three or six months of the agreed-upon probationary period.
Most jobs begin with a probationary period. In principle, the length of the probationary period can be agreed upon individually between the employer and the employee. Exception: A specific duration is stipulated in a collective bargaining agreement. Three to six months is typical. During this time, both sides are supposed to determine whether the employee is suited for the assigned tasks and, conversely, whether he or she wishes to perform them on a long-term basis.
Maximum Six-Month Probationary Period
According to Section 622(3) of the German Civil Code (BGB), the probationary period may be agreed upon for a maximum of six months. If a shorter probationary period is initially stipulated, the contracting parties may agree to an extension up to this maximum limit. This is subject to the condition that the extension is based on an agreement between the parties to the employment contract. In other words: The original employment contract must be amended on this point.
A longer probationary period is invalid, so the normal notice period applies in such cases. The Unfair Dismissal Protection Act takes effect—regardless of the agreed-upon probationary period—after six months anyway if the company has more than ten employees. Even if employees were sick or on vacation during their probationary period, the probationary period is not automatically extended. In such cases as well, the contracting parties must agree to the extension.
Termination During the Probationary Period
Notice periods during the probationary period are shorter than in a permanent employment relationship. As a rule, the notice period is two weeks. It applies to both parties—that is, the employee and the employer. It is not necessary to state a reason for termination. The probationary period therefore simply means that the notice period is shortened. If the company has a works council, it must be consulted before a termination during the probationary period takes place.
IG Metall provides advice on questions regarding the probationary period
If the employer wishes to extend the probationary period, they cannot do so unilaterally. Metalworkers should have any written agreement regarding an extension of the probationary period reviewed by the experts at the IG Metall office.
You can find the contact information here.
