Fired during Probezeit in Germany: notice period, your rights and next steps

🇩🇪 DE · worker-rights · 2026-10-03

Translating to Swedish. Showing the English original for now.

If you are dismissed during your Probezeit (probation period) in Germany, the employer usually does not need a reason or a prior warning, and the notice period can be as short as two weeks. Section 622 of the Civil Code (BGB) allows two weeks' notice during an agreed probation period of at most six months, and the Protection Against Dismissal Act (KSchG) only protects you against a dismissal without a valid reason once your employment has lasted more than six months without interruption. A dismissal at month four can still be invalid for formal reasons, though: it must be in writing on paper, and a works council, if your workplace has one, must be heard first. If you want to challenge it, the court deadline is three weeks. Whatever you decide, register with the employment agency within three days.

Why no reason or warning is needed in the first six months

The Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) is the law that requires a dismissal to be "socially justified". Under section 1, a dismissal is socially unjustified if it is not based on reasons in your person, your conduct, or urgent operational needs. That test applies only to an employee whose employment in the same business or company has lasted "longer than six months" without interruption.

So in the first six months, the employer does not have to prove one of those reasons. This is the legal answer to the feeling that a dismissal without any warning or feedback was unfair: the dismissal test in section 1 KSchG does not apply yet.

The six months are counted from the start of the employment, not from the end of a probation clause. The two rules are separate: the probation clause in your contract affects the notice period, and the six-month waiting period in the KSchG affects whether a reason is needed.

There is one more limit to know about. Under section 23 KSchG, the section 1 protection does not apply in small businesses. For employees whose employment started after 31 December 2003, the threshold is ten or fewer employees, not counting trainees, with part-time staff counted as 0.5 or 0.75 depending on hours. In a small business, the six-month mark therefore changes nothing.

How much notice you get

Section 622 BGB sets the notice periods. The standard period is four weeks to the 15th or to the end of a calendar month. During an agreed probation period, the rule in paragraph 3 is different: "for a maximum of six months", the employment can be terminated with two weeks' notice. Paragraph 3 does not repeat the 15th or month-end condition from paragraph 1.

Three things to check in your own case:

Was a probation period actually agreed? The two-week period applies "during an agreed probation period". Look for the Probezeit clause in your contract.
Is a collective agreement involved? Under section 622 paragraph 4, a collective agreement (Tarifvertrag) can set different periods. If your contract refers to one, its notice rules may apply instead.
When did the letter arrive? The three-week court deadline described below runs from receipt of the written dismissal, so keep the envelope or note the date you received it.

When a probation dismissal can still be invalid

The missing reason is not the only thing that matters. A dismissal can fail on form or procedure even in the first months.

Written form on paper. Section 623 BGB says that ending an employment relationship by dismissal requires written form to be effective, and that electronic form is excluded. A termination sent only by email, chat message or a PDF without a signed original does not meet this rule.

Works council hearing. Under section 102 of the Works Constitution Act (BetrVG), the works council (Betriebsrat) must be heard before every dismissal, and the employer must tell it the reasons. A dismissal given without hearing the works council is invalid. This applies to every dismissal, so it also covers probation. If your company has a works council, you can ask them whether they were consulted.

The three-week deadline. Section 4 KSchG says that if you want to claim that a dismissal is socially unjustified or invalid "for other reasons", you must file a claim at the labour court (Arbeitsgericht) within three weeks of receiving the written dismissal. The wording covers other reasons too, such as a missing works council hearing. Section 23 KSchG keeps sections 4 to 7 in force even in small businesses. If you think something went wrong, do not wait to see how things develop; the three weeks run from receipt.

What to do in the first days

Register as a job seeker within three days. Section 38 of the Social Code Book III (SGB III) says that people whose employment ends must register as job seekers with the Agentur für Arbeit. If there are less than three months between learning the end date and the end of the job, as there always are with two weeks' notice, you must register within three days of learning it. The duty applies even if you are challenging the dismissal in court.

Know what a late registration costs. Under section 159 SGB III, a late job seeker registration is treated as conduct contrary to insurance rules, and your claim is suspended for a blocking period (Sperrzeit). For late registration, that blocking period is one week. If you signed a settlement agreement, see Sperrzeit after a settlement agreement.

Ask for your reference letter. Section 109 of the Trade Regulation Act (GewO) gives every employee a right to a written reference (Arbeitszeugnis) when the employment ends. At minimum it states the type and duration of your work. You can ask for a qualified reference that also covers your performance and conduct. It must be clear and understandable, and it may not contain wording meant to say something different from what it appears to say.

Write down what happened. Note the date you received the letter, how it was delivered, and whether a works council exists. These facts decide the questions above.

If your permit is tied to this job, see changing jobs on a residence permit.

FAQ

Can my employer fire me during Probezeit without a reason?

In most cases, yes. The requirement for a socially justified reason in section 1 KSchG applies only after more than six months of uninterrupted employment, and not at all in businesses with ten or fewer employees.

Do I have to get a warning before a probation dismissal?

The KSchG reason test that would make a warning relevant does not apply in the first six months. A dismissal without prior warning is therefore not invalid on that ground alone.

What is the notice period during Probezeit in Germany?

Two weeks, under section 622 paragraph 3 BGB, for an agreed probation period of at most six months. A collective agreement can set different periods.

Is a dismissal by email valid?

No. Section 623 BGB requires written form for a dismissal and excludes electronic form. You need a signed letter.

How long do I have to challenge the dismissal?

Three weeks from receiving the written dismissal, by filing a claim at the labour court. This deadline applies to claims that the dismissal is invalid for other reasons too.

When must I register with the Agentur für Arbeit?

Within three days of learning when your job ends, if that is less than three months away. Registering late can lead to a one-week blocking period.

Am I entitled to a reference letter after four months?

Yes. Section 109 GewO gives a right to a written reference at the end of any employment, and you can ask for one that covers performance and conduct.

How Jobsy fits

We build Jobsy, a job search service for Europe that searches for you: you say what work you want, and Jobsy finds employers and recruitment agencies, including in Germany, and prepares outreach in the language of the recipient. It does not give legal advice or deal with the Agentur für Arbeit or the labour court, so the dismissal questions above stay with you, the works council or a lawyer. The first result is free.

Sources

Sources: Civil Code (BGB), section 622: Notice periods for employment relationships · Civil Code (BGB), section 623: Written form of termination · Protection Against Dismissal Act (KSchG), section 1: Socially unjustified dismissals · Protection Against Dismissal Act (KSchG), section 4: Claim at the labour court · Protection Against Dismissal Act (KSchG), section 23: Scope · Works Constitution Act (BetrVG), section 102: Works council hearing before dismissal · Social Code Book III (SGB III), section 38: Duty to register as a job seeker · Social Code Book III (SGB III), section 159: Blocking periods · Trade Regulation Act (GewO), section 109: Reference letter