Dismissed during the Probezeit

During the first six months, an employer does not need to justify a dismissal. That is the rule most people are told, and it is broadly right. What people are not told is what still applies — including the same three-week deadline.

Two things that are often confused

The probation period is a contractual arrangement, usually six months, during which a shortened notice period applies — commonly two weeks.

The waiting period under the Protection Against Dismissal Act is six months of employment, after which the Act applies and dismissals require justification.

They usually run in parallel but they are not the same thing. If your contract sets a shorter probation period, the shortened notice ends earlier — the statutory protection still begins only after six months.

What can still be challenged

• Formal defects — written form, handwritten signature, authority to sign
• Special protection — pregnancy, parental leave, recognised disability. These apply from day one, and without the required official approval the dismissal is invalid
• Works council consultation — required for probation dismissals as well
• Discrimination — a dismissal motivated by origin, gender, religion, age or disability can be unlawful even during probation, and may give rise to a compensation claim
• Notice period — was the correct one applied, and does a collective agreement modify it?
• Timing — a dismissal issued after six months of service is a different matter entirely, and the calculation is worth checking

The last point is worth emphasising. Employers sometimes miscalculate the six months, or issue the letter shortly after the threshold has passed. If the Act already applied when the letter arrived, the entire picture changes.

If your residence permit is tied to this job

Tell me at the outset. I do not advise on immigration matters, but the effective end date is sometimes negotiable, and a few weeks can matter considerably. It is much easier to build into a settlement than to correct afterwards.

Common questions

Is it worth getting advice at all during probation?

A short check is usually worth it. Most probation dismissals stand — but formal defects and special protection are more common than people expect, and finding out costs far less than a claim.

Can I get severance?

Rarely, because the employer’s risk is low. Where a genuine defect exists, the position changes.

Do I have to repay my training costs now?

Not necessarily. Where the employer terminates, repayment clauses frequently do not apply at all — and many are invalid regardless. Do not pay before the clause has been checked. See contract clauses.

General information only, not advice on an individual case. Last updated: August 2026.