The probationary period is a period specified in the employment contract at the beginning of the employment relationship. During this period, both the employer and the employee can Test collaboration. The duration of the trial period is usually between three and six months. However, it can also be agreed that it is significantly shorter or longer. The special feature of the trial period are the simplified cancellation rules and the notice period. Within the trial period the duration is reduced to 14 days.
The purpose and function of the probationary period
Eligibility check:
The employer can use the probationary period to check whether the employee is a good fit for the company. The employee’s professional and social skills are particularly important.
Getting used to the employee:
Of course, the employer also has the same possibilities. You can use the trial period to get to know the team and working conditions better. The new cancellation rules give him the opportunity to decide more easily whether he wants to stay long-term.
Simplest termination:
Both parties have more flexibility at this stage. In case of dissatisfaction it is possible to terminate the employment relationship more quickly. It is not necessary to comply with the usual longer notice periods.
Dismissal during the probationary period
The probationary period is an important issue, especially due to the changed dismissal rules. We therefore want to focus directly on protection against dismissal during the probationary period.
By the way, we have already covered the topic of dismissal and protection against dismissal in general here.
What does “14 days protection against dismissal during the probationary period” mean?
During the trial period there is a notice period of 14 calendar days. This means that during the probationary period the employment relationship can be terminated with 14 calendar days’ notice. This term applies to both the employer and the employee. However, this only applies if the employment contract or collective agreement does not stipulate otherwise.
What are the most important points regarding the 14 days of protection against dismissal during the probationary period?
The 14-day protection against dismissal during the probationary period is slightly different from the 4-week statutory protection against dismissal.
- Calendar, non-working days: The 14 days include calendar days. So weekends and public holidays are also included.
- Start of notice period: The notice period starts from the day following communication of the cancellation. This means that if the termination is notified, for example, on the 3rd of the month, the employment relationship ends 14 days later, i.e. on the 18th.
- Legal basis: The notice period is regulated in section 622 of the German Civil Code (BGB). During the probationary period the employment relationship can be legally terminated with a shortened notice period of two weeks.
Can you cancel at any time during the trial period?
During the probationary period the following applies to employees: it is always possible to resign. You don’t even have to give a reason.
In theory this also applies to the employer. If you are not satisfied with your new employee, you can simply terminate the contract without giving any reason. However, you still need to keep a few things in mind:
- You are not allowed to quit at an inopportune time. Even during the probationary period, dismissing the employee at inappropriate times is not permitted. Therefore, you must always ensure that the employee is not exposed to particularly high levels of stress. A death in the family, for example, is considered particularly stressful.
- Discrimination is not grounds for dismissal. Do you want to fire an employee because of his political or union activities? Or don’t you like the gender or sexual orientation of your new employee? Dismissal for one of these reasons is not permitted under any circumstances, not even during the probationary period.
- Special groups of people are under special protection. Pregnant women and severely disabled people benefit from special protection against dismissal even during the probationary period. Pregnant women cannot be interrupted even during the trial period. Although severely disabled people are only protected against dismissal for 14 days during the probationary period, they cannot be dismissed during the probationary period due to their disability.
Holidays and sickness during the probationary period: here’s what you need to know
Am I entitled to vacation during the probationary period?
There is a persistent myth about vacation during the probationary period: vacation would not be allowed during the probationary period. What is true is fundamentally one Entitlement to holidays only after six months arises. Before the end of the first semester you are only entitled to prorated leave for each month worked.
In practice this means that up to the sixth month you will only be able to use the holidays already accrued. With a contractually agreed holiday entitlement of 24 days, you have 2 days holiday per month. Consequently, starting from the second month you can take two days off, etc. From the sixth month, even after the maximum duration of the probationary period, you will be entitled to annual leave. After six months of working at the company, you can take advantage of 24 full days of vacation.
The bottom line is, you can So definitely take a vacation during your trial period. Your holiday entitlement increases each month you work. If you still wish to request more days off at an early stage, you should discuss this with your employer.
What happens if I get sick during the trial period?
Even during the probationary period the worker has the right to continued payment of wages in the event of illness. However not in the first four weeks. If you get sick in those first few days, yes Nobody Right to continued payment of wages by the employer. However, you can receive sick pay from your health insurance company. Even during the probationary period, a medical certificate must be presented after three days of illness at the latest.
The important thing is that the employer can fire you due to a flu-like infection. But if he suspects that he will be absent for a long time due to serious illness, he has the right to withdraw.
Extension of the trial period: is it possible?
In principle, the probationary period cannot last more than six months. However, the probationary period can be extended if it has been less than six months since it began.
So, if you have a contractually agreed trial period of three months, this can be extended to up to six months. This is what happens Not automatically when you are on holiday or sick. An extension must always be agreed upon.
Efficient recording of hours with clocking in: so you can manage the trial period in a legally secure manner
During the probationary period, precise recording of working hours and clear documentation of working hours are essential for both employees and employers. With digital time recording from clocking Both parties can benefit from clear and understandable working time records. Complete recording of working hours can play an important role in avoiding misunderstandings, especially when layoffs occur during the probationary period.
Benefits of clocking in during the trial period:
- Simple and accurate time tracking: Employees can record and document their working hours down to the minute, which is especially important when calculating remaining vacation or overtime.
- Legal certainty: In the event of dismissal, employers can easily document, by recording the clocking-in working hours, whether the contractually agreed working hours have been respected. This is an important aspect to avoid legal disputes.
- Transparency for both parties: Employees always keep track of hours worked, while employers can quickly and transparently identify any absences