As of: March 16, 2024, 8:52 a.m
By: Andrea Stettner
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There are a few things to consider when terminating your contract during your probationary period.
© Patrick Pleul/dpa
During the probationary period, different rules for termination apply.
If you are threatened with dismissal or want to terminate your employment contract yourself, there are a few things you should know.
Anyone who starts a new job or training usually has to first complete a
probationary period
in which employers and employees can check whether the collaboration is working.
The probationary period usually lasts six months and is recorded in writing in the employment contract.
But what should I do if I'm threatened with dismissal - or if I absolutely don't like the job?
We have put together the most important information for you about termination during the probationary period.
What notice period applies during the probationary period?
During the probationary period, a
shortened notice period
applies : both employers and employees can terminate the contract with
two weeks'
notice .
This emerges from Section 622 Paragraph 3 of the Civil Code (BGB).
This shortened notice period can also be given on the last day of the probationary period.
The employment relationship then ends 14 days later.
You can read detailed information about notice periods during the probationary period here.
Termination during the probationary period: What reasons can there be?
Both employers and employees do
not have to give any reasons
for termination during the probationary period.
Who benefits from special protection against dismissal during the probationary period?
The
Dismissal Protection Act
does not apply during the probationary period - not even for severely disabled employees.
It only becomes valid if the employee has worked for the company continuously for at least six months - so it only comes into effect after the probationary period.
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However, certain groups of people also enjoy special protection against dismissal during the probationary period:
Pregnant women and mothers on maternity protection
: Up to four months after birth or miscarriage after the 12th week of pregnancy (according to the Maternity Protection Act).
However, protection against dismissal only applies to pregnant women if the employer knows about it.
If you receive notice of termination, you have two weeks to inform him that you were already pregnant at the time of termination.
Parents on parental leave
Exceptions to the special protection against dismissal:
dismissals that occur for another reason, such as the insolvency of the employer, the closure of the company or part of the company and (rather rarely) a dismissal due to conduct.
However, these exceptions must be approved by the Occupational Safety and Health Administration.
In companies with a works council, however, a termination during the probationary period
only becomes effective once the works council has been consulted
.
If your employer fails to do this or the hearing is incorrect, the termination will be invalid (Section 102 of the Works Constitution Act).
Can my employer fire me during my probationary period because of illness?
During the probationary period, employees may actually be terminated due to illness.
This can happen especially if you
strikingly common,
for a long time or
become chronically ill.
You can read more about this here:
Sick during the probationary period: Can I be terminated?
Termination of probationary period: Will I receive unemployment benefit now?
As with a permanent employment relationship, whether you receive unemployment benefit I immediately after termination during the probationary period depends on whether you resigned yourself or whether you were terminated.
If you have been dismissed:
You will receive unemployment benefit I from the first day of registering as a jobseeker (exception: dismissal for behavioral reasons).
If you have resigned yourself or were resigned for behavioral reasons:
You will be blocked from receiving unemployment benefit I for up to 12 weeks and will only then receive financial support.
Exception for blocking period:
If you present important reasons for termination.
You can also cancel without a lock-in period if you want to move in with your spouse or boyfriend or girlfriend.
(as) *Merkur.de is an offer from IPPEN.MEDIA.
Also read:
These are the most frequently asked questions about termination