Notice period during probation: What employees need to know
Last updated: May 2026
Reading time: approx. 4 minutes
Legal Notice: This article is for general information purposes only and does not replace individual legal advice. For your specific case, we recommend consultation with a specialist lawyer for labor law.
Notice period during probation: What employees need to know
The start of a new job is usually associated with a testing phase. But what happens if it doesn't fit after all? The notice period during the probationary period follows specific statutory rules laid down in the German Civil Code (BGB). To avoid nasty surprises, employees should compare their contractual deadlines exactly with the statutory requirements.
The Statutory Basis: § 622 BGB
The central provision for the termination of employment relationships is § 622 BGB. During an agreed probationary period, eased conditions apply here to enable both parties a flexible separation.
- Maximum Duration: A probationary period may be agreed for a maximum duration of six months according to § 622 Para. 3 BGB.
- Two-Week Period: During this time, the employment relationship can be terminated with a notice period of two weeks.
- No Termination Date: In contrast to regular employment relationships, termination during the probationary period does not necessarily have to occur on the 15th or the end of a calendar month.
Content Control and Fairness according to § 307 BGB
Since employment contracts are often standard terms, they are subject to content control according to § 307 BGB. This means:
- Transparency: Provisions must be clear and understandable.
- Unreasonable Disadvantage: A clause is invalid if it unreasonably disadvantages the employee contrary to the requirements of good faith.
- Prohibition of Deviation: If a contractual regulation deviates from essential basic ideas of the statutory regulation, it can be classified as invalid according to § 307 Para. 2 No. 1 BGB.
Special Case: Fixed-term Employment Contracts
It is important to know that the rules of the probationary period are also relevant for a fixed-term employment contract. However, it must be explicitly stated in the contract that ordinary termination during the fixed term is even possible. If this agreement is missing, the employment relationship often cannot be terminated ordinarily in advance, unless there is a serious reason.
What You Should Look Out for During the Check
Many employers try to shorten the notice period during the probationary period or formulate unclear conditions. Such clauses are often invalid according to § 307 BGB because they are not clear and understandable. If a clause is invalid, the statutory regulation of § 622 BGB automatically takes its place.
Analyze Contract Digitally
Reading legal texts like the BGB is often tedious for laypeople. Jurivo (Legal Jargons) helps you to bypass the legal legalese:
- Deadline Check: Does the tool recognize if your agreed probationary period exceeds the 6-month limit of § 622 Para. 3 BGB?
- Transparency Analysis: It is checked whether the termination clauses are clearly formulated according to § 307 BGB or represent a risk.
- Quick Overview: You receive an immediate summary of your notice periods in simple language.
💡 Check employment contract for invalid deadlines.
Have your contract analyzed now and find out if your probationary period regulation meets statutory standards.
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Conclusion: Clarity creates security
The probationary period is for testing – for both sides. But even in this phase, clear statutory rules apply. Use modern tools to ensure that your contract is fair and does not restrict you unreasonably.
Disclaimer: This article is for information purposes and is based on the regulations of the German Civil Code (BGB). It does not constitute legal advice. For a binding check of your individual case, please consult a specialized lawyer.