How long is the notice period during the probationary period?
Created: 2021-10-22Updated: 2021-10-28 10:11 am
By: Andrea Stettner
How long is the notice period during the probationary period?
© Jan-Philipp Strobel/dpa
During the probationary period, relaxed conditions apply to termination - for both the employer and the employee.
Lawyers explain what that means for the notice period.
A new job usually begins with a six-month trial period*.
Most newcomers throw themselves into their new tasks full of energy - after all, motivation is still high and you want to make a good impression on the new boss and colleagues.
But this is not the case with every new employee.
Trial period: It often doesn't fit into the new job
After the first few weeks or months in the new company, many newcomers quickly realize that the job that started out so promising does not meet their own expectations at all or that they simply do not fit into the team.
On the other hand, bosses are often disappointed with the performance of their new employees: botched orders, angry customers - there are many reasons for this.
In this case, it is
often best if the employee and employer go their separate ways during the probationary period
.
But how long is the notice period during the probationary period?
Notice period during the probationary period: how long is it?
While the statutory notice period after the probationary period is at least four weeks, a shorter period of notice applies during the probationary period.
According to Section 622 (3) of the German Civil Code (BGB), an employment relationship can be terminated during the probationary period with a
notice period of two weeks
.
This applies to termination by the employee as well as by the employer.
However
, a longer probationary period can also be agreed in the employment contract
.
According to the law, a shorter notice period is also possible - but this must be regulated in a collective agreement.
Shorter notice periods apply until the last day of the probationary period
Incidentally, notice can still be given up to the last day of the probationary period - even then the shorter notice period of two weeks still applies.
The Duisburg lawyers Speker, Nierhaus and Stenzel explain this on their website.
Only those who have agreed a longer probationary period than six months in their employment contract must terminate or be terminated from the 7th month of the probationary period with a longer notice period of at least four weeks.
Termination during the probationary period: you should know that
What
reasons
can there be for termination during the probationary period?
For whom does special protection against dismissal apply?
And when do I start receiving
unemployment benefits
?
This article provides answers to all questions about termination during the probationary period.
(as) *Merkur.de is an offer from IPPEN.MEDIA.
Also read:
Termination: Do you know the most important rules and deadlines?
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