The law allows no extension of the probation period
A probation period can have a maximum length of six months. You cannot extend it, the law seems unambiguous. And yet, there is a trick to get the same result.
What is the probation period?
§ 622 para. 3 BGB (German Civil Code) mentions the probation period in employments:
"During an agreed probationary period, but at the longest for the duration of six months, the employment relationship may be terminated observing a notice period of two weeks."
As the law dictates, a probation period does not apply automatically, but only if it is agreed contractually.
Which advantages does a probation period have?
The two big advantages of the probation period can be assessed when looking at how it interacts with other legal clauses:
No reason required to terminate according to § 1 para. 1 KSchG
According to § 1 KSchG the strict Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, KSchG) only applies to employment agreements that last longer than six months - and hence after the agreed probation period. Thus, the employer does not have to have a specific reason to terminate during the probation period.
By the way, the termination protection does not apply to businesses with up to 10 employees anyways.
Shorter termination period
The minimum termination period during the probation period is only two weeks. If no probation period is agreed, or thereafter, the shortest termination period according to § 622 para. 2 BGB is four weeks. After two years of employment, the period increases further gradually.
Calculation precisely to the day
A lot of people do not know that the two weeks period is counted by days, i.e. 14 days after the receipt of the termination. In contrast, the termination during the statutory period in the first two years takes effect at the respective mid or end of the month; afterwards only at the end of the month.
Receipt of termination until the last day of the probation period
Even less known is the fact that you can terminate during the probation period until its very last day. This means that you can still terminate taking effect after two weeks if the other party receives the termination at the last day of the probation period.
Purpose of the probation period
From these advantages you can gather the purpose of the probation period. During this time, the parties are supposed to get to know each other and find out whether they want to cooperate bindingly for longer. This is why they can terminate the employment in this get-to-know-phase at short notice and without (having and) stating any particular reasons.
Restrictions of the probation period
Our goal is to extend the probation period beyond six months. However, in certain cases only a shorter or even no probation period is allowed.
Shorter probation period
Despite the law allowing for up to six months, this can be too long depending on the circumstances of the case. At all times, the probation period must have an appropriate length. Typically, this will be six months, but especially in time-barred contracts the duration of the probation period must be proportionate to the contract duration and the job. The Federal Labour Court confirmed in a decision on October 30th, 2025 a probation period of four months in a contract that was limited to one year. While this is a restriction compared to the maximum of six months, it is not self-evident to have a probation period for a contract that is time-barred in the first place.
When is a probation period forbidden?
In certain cases you may not agree to a probation period at all. Since the purpose of the probation period is to find out whether you can work together, you cannot have one if the employee has already been employed in the company before.
This constellation can also occur in case of the vesting cliff period in employment participation programs or when granting shares.
The extension trick: Terminate with effect in several months to come
The attentive reader may have already spotted the trick for "extending" the probation period. The two week period is only a minimum period ("may be terminated"). This means that you can terminate using a longer period taking effect in several months to come. If the probation period does not fulfil its purpose, e.g. if the employee has been mostly sick, the employer could wait until the last day of the probation period and hand over a prophylactic termination taking effect in the future. Of course, the period has its limits, too. The termination effect date should be proportionate to the duration of the probation period in the first place. If the latter is six months, a termination taking effect in e.g. three months should be allowed.
What happens after the termination?
Leave it…
If the employee has not proven himself after the termination, the employer does not have to do anything. The employment ends with the effect of the already issued termination.
…or agree to continue
If - despite the termination - the employer wants to continue the employment, he should seek to talk to the employee. Taking back the termination could backfire because the employee should also be interested in continuing the employment. If the employee has already found another employment or does not feel motivated to work (any more), you could run into the perils of the Protection Against Unfair Dismissals Act. Therefore, the best way going forward would be to continue the employment by amicable agreement.
Conclusion
As simple as the probation period looks by law, the devil is in the details. With a clever execution you could even go beyond the statutory maximum period - completely legal. You should tackle these matters with us ideally early on, i.e. when drafting the employment agreement. We are happy to check your employment contracts or employee participation and vesting terms as well since we do not only advise in labour law, but also in corporate and commercial law.
Published on 18.11.2025