If you don't like the new job or if there are other reasons against it, you will quickly consider resigning.
What employees have to consider during their probationary period.
The new job is in the bag, the joy is great - but then often the disillusionment follows.
If employees do not like the job at all or the boss mutates into a choleric in day-to-day business, dismissal during the probationary period * is often the best solution.
But what do employees have to consider?
Termination during the probationary period: what deadline must employees meet?
The trial period usually lasts six months (with a few exceptions).
During this period, relaxed termination conditions apply to both employees and employers.
Instead of the usual, statutory notice period of four weeks, the notice period in the trial period for ordinary termination is
two weeks
.
This is regulated in the German Civil Code (BGB) according to § 622 Paragraph 3.
The notice period can also last longer during the probationary period if this has been contractually agreed.
In rare cases, the employer can also reduce it.
However, this is only possible through a collective agreement.
Employees who want to terminate should therefore first take a
look at their employment contract
and determine the correct notice period.
By the way: If there are good reasons for doing so, employees can also give
notice without notice
during the probationary period
.
In that case, you are allowed to
Stay away from work immediately and don't have to wait 14 days.
Read here which reasons justify termination without notice.
More on the topic:
Termination: This is the period of notice for employees and employers.
How do I write a termination in the trial period?
A termination of the employment contract must
always be made in writing
and the will to terminate must be clearly identified.
Verbal terminations or letters of termination by e-mail, WhatsApp or the like, however, are not valid.
In addition, such a document must always be
signed
by hand.
Read here how to correctly write a notice of termination (including a sample).
However, employees do not have to state a reason why they are already resigning during their probationary period.
So if you give up the job because you don't get along with the boss, you can and should keep quiet about your motives.
Finally, the company issues a job reference after the termination.
What happens to my remaining vacation if I quit during the trial period?
If an employee is still entitled to remaining leave after being given notice,
the employer must still grant it
.
If this is not possible, he has to pay out the remaining vacation.
Incidentally, it is a myth that employees are not entitled to vacation during the probationary period: The
vacation entitlement exists for every full month
of service
(Proportionate to annual leave).
Will I receive unemployment benefits if I quit during the probationary period?
Caution is advised when employees quit during their probationary period without having a new job in hand: Those who quit themselves will be banned from
unemployment benefit I for up to 12 weeks
and only then receive financial support from the office.
However,
exceptions
apply to
the
blocking period
for unemployment benefits
, for example if there were good reasons for the employee to terminate the contract.
It is not regulated what exactly this can be.
In the past, however, bullying at work, excessive demands or moving in with your spouse / partner have already prevented a blocking period.
However, employees must object to a blocking period, and evidence is definitely helpful.
More on the topic:
Termination during the probationary period: What applies to employers and employees.
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Source: Arbeitsrechte.de, kanzlei-hasselbach.de, handelsblatt.de
Termination of Employment Contract: The Most Important Facts Everyone Should Know
Termination of Employment Contract: The Most Important Facts Everyone Should Know
List of rubric lists: © Patrick Pleul / dpa