As of: February 10, 2024, 8:01 a.m
By: Marco Blanco Ucles
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During the probationary period, special rules apply to termination – for employees and employers.
© Bihlmayerfotografie/IMAGO
Can be canceled at any time without justification.
During the probationary period, an employment relationship can be terminated quickly by both parties.
There are ways to prevent this scenario.
The probationary period serves as a phase to get used to and get to know the world of work.
Depending on the company, it can vary in length - but a maximum of six months.
What's special: During the probationary period, both sides can end the employment relationship within just two weeks with a regular notice of termination - not verbally or by email, for example.
Of course, as an employer you cannot be fired during the probationary period because of your race, religion, age, disability or another legally protected characteristic.
“This termination would be ineffective because it is discriminatory,” emphasizes
“ARAG.”
Failure to pass the probationary period rarely happens without warning
However, failing the probationary period usually occurs over a longer period of time and rarely happens without any warning to you as an employee.
Which doesn't mean it hasn't already happened.
As an employee on probation, you are in a weaker position than your colleagues.
However, over time, there are signs that should make you suspicious about passing the probationary period.
The employment law portal
“outplacement consulting”
explains: “For example, if you are constantly criticized or receive negative feedback, this can be an indication that your employer is not satisfied with your work.” A lack of orders for you could also signal a lack of trust .
If you have also noticed negative behavior such as frequent lateness, you should be concerned.
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“Communication is key” is a well-known saying that hits the nail on the head in the world of work.
If you are unsure about your performance or whether you have passed your probationary period, you should urgently speak to your supervisor.
The feedback also allows you to work on your mistakes and perhaps turn things around.
In general, there are several reasons why you might not pass the probationary period in a company.
These include, among other things, simply not being able to meet the expectations placed on you.
In addition, high levels of absenteeism or a lack of getting along with new colleagues can also lead to termination.
When it comes to unemployment benefits afterwards, the decisive factor is which side ends the employment relationship.
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Employees should also think about this during the probationary period
However, you should also consider for yourself whether the company suits you or your way of working.
The same is true when it comes to “meeting expectations”.
After a few weeks in a new job, employees often notice that the tasks given to them are not at all what they expected.
Then it makes more sense on your part to draw a line in the sand if nothing changes.
The following applies again: “Communication is key”.
While a two-week notice period applies during the probationary period, in the public sector the notice period depends on the length of time the employee has been employed in the company.