Probezeit in Germany: What Protection You Actually Have in Your First Six Months
German employment contracts commonly include a Probezeit (probation period) of up to six months, and during it either side can end the contract with just two weeks' notice, no reason required. The Kündigungsschutzgesetz (dismissal protection law) only starts protecting you once you've worked at the same employer for six months, and even then, only if that employer regularly has more than 10 employees, small businesses (Kleinbetriebe) are exempt from it entirely, indefinitely, not just during probation. One protection cuts through all of this regardless of tenure or company size: if you're pregnant or within four months of giving birth, dismissal is barred outright under the Mutterschutzgesetz, the simplified two-week probation dismissal simply doesn't apply to you, and your employer would need a labor authority's explicit prior approval to terminate at all.
The Official Rule
Almost every German employment contract includes a Probezeit, a probation period, and understanding what it actually changes matters more than the label itself suggests. Under § 622 Abs. 3 BGB, an agreed probation period can run up to six months, not longer, and during it, either you or your employer can end the contract with just two weeks’ notice, no justification required. That two-week window runs strictly day to day rather than landing on a fixed date the way the post-probation notice period does, so a termination letter can arrive on essentially any calendar day.
What actually matters more than the Probezeit label is a separate legal switch entirely: the Kündigungsschutzgesetz (KSchG), Germany’s real dismissal protection law. Two conditions both have to be true before it applies to you at all. First, you need six months of continuous employment at the same employer. Second, § 23 KSchG requires that employer to regularly employ more than 10 people, counting part-time staff at a reduced 0.5 or 0.75 weight and excluding apprentices from the headcount entirely. Miss either condition and the detailed, socially-reasoned dismissal protections most people associate with German labor law simply don’t apply to your situation, not during probation, and in a genuinely small business, not afterward either.
| During Probezeit (up to 6 months) | After Probezeit ends | |
|---|---|---|
| Notice period | 2 weeks, either side, any calendar day | 4 weeks, to the 15th or end of month, growing with tenure |
| KSchG dismissal protection | Never applies yet, regardless of company size | Applies only if the employer has more than 10 employees |
| Pregnancy / 4 months post-birth | Full protection regardless, MuSchG overrides everything above | Same, unaffected by tenure or company size |
One protection cuts straight through all of the above, regardless of your tenure or your employer’s size. § 17 MuSchG bars dismissal outright from the start of a pregnancy through four months after giving birth. This isn’t a softer version of the usual rule, it overrides the simplified two-week Probezeit dismissal and the Kleinbetrieb exemption alike. A dismissal in that window is only even theoretically possible with a state labor authority’s explicit prior approval, a genuinely high bar that’s rarely cleared. If you learn you’re pregnant partway through your own probation period, this is the one fact worth holding onto over everything else in this article.
What Real People Say
The most consistent theme across accounts from people who’ve actually gone through a German Probezeit, including a long-running Toytown Germany forum thread that’s stretched across nine pages of contributions since 2010, is genuine surprise at how little explanation a probation dismissal actually requires. People arrive expecting something closer to their home country’s process, a warning, a documented performance issue, a conversation first, and instead get a short letter and a two-week countdown with no reason stated at all, because none is legally required yet.
The practical advice that recurs across these accounts and expat guides alike is to treat the first six months as genuinely provisional rather than assuming stability too early: hold off on anything that assumes long-term income certainty (a lease requiring strong proof of stable employment, a car loan, a long non-refundable trip) until the KSchG threshold has actually kicked in, since that’s the point where dismissal starts requiring an employer to justify it with a real reason rather than just serving notice.
Step by Step
- Check your contract for the actual Probezeit length and start date, since anything past six months isn’t legally enforceable as a probation period, and the two-week notice rule only applies for as long as the agreed period actually runs.
- Find out roughly how many people your employer regularly employs, since that number, not your job title or how long you’ve been promised the role will last, decides whether KSchG protection will ever apply to you there.
- Treat the first six months as provisional for major financial commitments, a lease, a car loan, anything that assumes guaranteed income, until the notice period and dismissal protection both shift in your favor.
- If you become pregnant during this period, tell your employer and lean on § 17 MuSchG specifically, not the general Probezeit framework, since the pregnancy protection overrides the simplified dismissal rule entirely regardless of your tenure.
- Mark the six-month date on your own calendar, since neither the standard four-week notice period nor KSchG protection (where it applies) announces itself, it simply becomes true from that date forward.
Compliance Note
This page explains the general framework around German probation periods and dismissal protection under the BGB, KSchG, and MuSchG, but this is not legal advice, and specific circumstances, your contract’s exact wording, your employer’s real headcount, collective agreements that may apply, can change the outcome. For your specific situation, confirm current details with your Betriebsrat if one exists, a labor law advisor (Fachanwalt für Arbeitsrecht), or your local Beratungsstelle.
FAQ & Common Pitfalls
Can my employer really fire me during Probezeit for no reason at all?
Yes, and this genuinely catches newcomers off guard. During an agreed probation period of up to six months, either side can end the contract with two weeks' notice and no justification, since the Kündigungsschutzgesetz (KSchG) hasn't started applying yet regardless of how good or bad your performance has been. The two-week period runs on a strict daily basis rather than to a fixed date, unlike the four-week notice that applies later, so a termination can land on any calendar day.
What exactly is a Kleinbetrieb, and why does it matter so much?
It's a business that, under § 23 KSchG, regularly employs 10 or fewer people, counting part-timers at a reduced 0.5 or 0.75 weight depending on their hours and excluding apprentices from the count entirely. If your employer falls under that threshold, the KSchG's social-fairness dismissal rules never apply to you there, not just during your first six months, but for as long as you work there and the company stays that size. A termination still can't be abusive or immoral, and a minimum of social consideration is required, but the detailed protections larger companies must follow simply don't exist in a Kleinbetrieb.
I found out I'm pregnant during my Probezeit. Does the simplified two-week dismissal still apply to me?
No, and this is one of the few protections that overrides everything else in this article. Under § 17 MuSchG, dismissal is prohibited from the start of pregnancy through four months after birth, and this applies regardless of how long you've worked there, whether your employer is a Kleinbetrieb, and regardless of being in Probezeit. The simplified two-week notice simply doesn't apply to you once your employer knows or is told about the pregnancy. A dismissal in this window is only even theoretically possible if the responsible state labor authority explicitly approves it in advance, which is a high, rarely-cleared bar.
Do apprentices (Azubis) get the same Probezeit rules as regular employees?
No, apprenticeships run their own, generally shorter probation period, one to four months rather than up to six, and during it an apprentice can be dismissed immediately, with no notice period at all, a stricter rule than the two weeks that applies to a standard employment contract. If you're evaluating a training contract (Ausbildungsvertrag) rather than a regular Arbeitsvertrag for yourself or an older child, check which specific probation rule your contract actually uses before assuming the standard six-month framework applies.
What changes the day after my Probezeit ends?
The notice period jumps to the statutory minimum under § 622 Abs. 1 BGB, four weeks to either the 15th or the end of a calendar month, for both you and your employer, and it only gets longer with tenure from there (two months after five years, three months after eight, for example). If your employer has more than 10 employees, KSchG protection also switches on at that point, meaning any dismissal now needs a valid social, operational, or conduct-related reason your employer can actually justify, not just a notice period.