---
title: "Germany Probation Period 2026 | Statutory 6-Month Cap"
description: "Germany probation 2026: statutory 6 months cap under BGB 622(3). Notice during probation is 14 days. KSchG protection starts after 6 months."
canonical: https://www.teamed.global/country-hiring-guides/germany/probation-and-onboarding
---

Germany · Probation and onboarding child

Served by Teamed-owned entity: Teamed GmbH, Berlin

# How does *Germany probation* work in 2026?

Germany sets a hard statutory cap: probation cannot exceed 6 months under BGB 622(3). Either side can end the contract during probation on just 14 days notice, to any calendar day. KSchG dismissal protection applies only after 6 months of service, which means the first six months carry a lighter procedural bar than the rest of the employment.

Last reviewed 13 June 2026 · Germany guide

![The Brandenburg Gate in Berlin on a clear day, seen from the wide Pariser Platz.](/images/country-guides/germany-probation-and-onboarding.webp)

Illustration · Berlin, Germany

Answer.cite this

Germany caps probation at 6 months by law. During that window either side can give 14 days notice, to any calendar day.

After probation, the employer must give at least 4 weeks notice for service under two years. The notice floor keeps rising with tenure.

KSchG full dismissal protection begins after 6 months of continuous service. Discrimination protections apply from day one.

The probation clause must appear in the written employment contract under the Nachweisgesetz. An oral probation agreement has no legal effect.

![A manager and new employee reviewing documents together at a desk.](/images/country-guides/germany-probation-and-onboarding-polaroid-1.webp)

Week one paperwork

## What does Germany probation actually do?

German probation is both a contractual and a statutory mechanism.

BGB 622(3) sets the cap at 6 months. The contract cannot go beyond that.

Notice during probation drops to 14 days, to any calendar day. After probation it rises to 4 weeks minimum.

What probation modifies under German law:

- **Shorter notice on both sides.** Either party can end the contract during probation on 14 days, to any day of the month. After probation, the employer must give at least 4 weeks for service under two years, and the employee must give 4 weeks.
- **No KSchG protection.** The [Kundigungsschutzgesetz (KSchG)](https://www.gesetze-im-internet.de/kschg/__1.html) does not apply until 6 months of continuous service. A dismissal within that window does not require social justification.
- **Written contract required.** The probation clause must be included in the written employment agreement under the [Nachweisgesetz](https://www.gesetze-im-internet.de/nachwg/). A verbal probation agreement does not meet the evidence requirements.

What probation does **not** change:

- Discrimination protections under the General Equal Treatment Act (AGG) apply from day one, regardless of probation status.
- Continued pay during sickness under [EFZG section 3](https://www.gesetze-im-internet.de/entgfg/) vests after 6 weeks of service, not after probation.
- The Nachweisgesetz right to a written statement of employment terms applies from day one.
- Works council rights, if a works council exists, apply throughout the employment, including during probation.

## How long should Germany probation be?

The statutory maximum is 6 months and the contract cannot exceed it.

Most German employers use the full 6 months for all but the most junior roles.

After 6 months, KSchG protection does not yet apply. It begins after 6 months of service.

Probation length by role type (German mid-market pattern):

| Role type | Typical probation | Notes |
| --- | --- | --- |
| Junior support, entry-level admin | 3 months | Shorter window, role fit clearer early |
| Mid-level engineering, operations, sales | 6 months | Full statutory cap; most common approach |
| Senior engineering, account management | 6 months | Full cap; role scope takes time to assess |
| Senior management, head-of, director | 6 months | Cannot exceed the cap even for leadership hires |

### The KSchG gap after probation ends

The statutory maximum and the KSchG protection threshold are the same: 6 months. This means the probation period and the window before KSchG protection applies coincide exactly. When probation ends, the employee does not yet have full dismissal protection. KSchG section 1(1) requires *more than* 6 months of continuous service. A dismissal on day one after the probation period ends is outside KSchG scope, but the short notice period of 14 days also expires at that point. The employer must give at least 4 weeks from the start of month two onwards (BGB 622(1)).

There is no pending legislative change to the German qualifying period equivalent to the UK Employment Rights Act 2025. The 6 months KSchG threshold has been stable since the 2004 reform.

## Fair procedure during probation: the trap most employers fall into

KSchG does not apply during probation for employees in its first 6 months.

But a dismissal can still be challenged in the labour court on other grounds.

You still cannot dismiss someone for a discriminatory reason, for exercising a legal right, or without the required notice.

What the procedural bar looks like during German probation:

1. **Written notice is required.** An oral termination has no legal effect in Germany. The notice must be given in writing, signed, and received by the employee (BGB 623). A termination by email or messaging app is legally void.
2. **Respect the 14 days notice period.** Either side can give 14 days to any calendar day. The notice period cannot be shortened below this floor by agreement.
3. **Works council consultation (if applicable).** Under [BetrVG section 102](https://www.gesetze-im-internet.de/betrvg/__102.html), the employer must consult the works council before any dismissal, including during probation. The works council has 7 days to respond. Skipping this step makes the dismissal legally void, even during probation, in businesses with a works council.
4. **Do not dismiss for a discriminatory reason.** The AGG prohibits dismissal on grounds of race, gender, religion, disability, age, or sexual orientation at any point in the employment, including day one of probation.
5. **Do not dismiss for exercising a protected right.** Dismissing an employee because they complained about health and safety conditions, joined a union, or exercised a parental leave right during probation is prohibited and challengeable.
6. **Confirm the outcome in writing.** Issue the written termination letter with the correct notice period, stating the last working day.

A dismissal during the first 6 months does not need a social justification under KSchG. But the employee has 3 weeks to file a claim with the labour court if they believe the termination was otherwise unlawful. The challenge window starts from receipt of the written notice.

1. Issue the contract in writing The probation clause and employment terms must be in a signed written contract before the first day of work. BGB 623 requires written form for any termination notice too.
2. Set clear performance criteria Document what passing probation means. Written, role-specific criteria agreed at the start give the review meeting a clear basis and protect the employer if the outcome is challenged.
3. Hold structured review meetings Review at day 30, day 90, and before the end of probation. Document what was discussed and keep records in the employee file.
4. Put performance concerns in writing Any concern raised in a review meeting should be followed up with a written summary. Verbal feedback alone does not create a defensible record.
5. Give written termination notice If terminating during probation, issue a signed written notice letter observing the notice period. Consult the works council first if one exists. Confirm the last working day in the letter.

## Probation extensions: when and how

German probation cannot exceed 6 months by law.

An extension beyond that ceiling is not enforceable, even by agreement.

Within the cap, the contract can specify a shorter period and the parties can then agree in writing to extend up to the maximum.

The hard cap in BGB 622(3) means the extension options are narrower in Germany than in the UK:

- If the contract specifies a 3-month probation, the parties can agree in writing to extend it to a maximum of 6 months. The extension must be documented before the original period expires.
- If the contract specifies the full 6 months, there is no scope to extend further, regardless of circumstances such as sickness or parental leave interrupting the assessment period.
- For employees who were absent during much of probation (long illness, for example), the common practice is to document the interruption and treat the probation as still running during absence, but this depends on the contractual wording. Legal advice is recommended before relying on this approach.

When assessing whether to extend or end the probation early:

1. **Hold a review meeting before the original end date.** Do not let the period expire without a conversation.
2. **Document the specific concerns in writing** before the extension takes effect.
3. **State clearly what the employee must demonstrate** during the extended period.
4. **Confirm the extension in writing** with the new end date, within the statutory cap.

An informal extension beyond 6 months without written agreement, or a verbal agreement to extend past the cap, has no legal effect. The employee will be treated as having passed probation once the cap is reached.

## The 30-60-90 day onboarding standard

Good German onboarding follows a 30-60-90 day structure inside the 6 months probation window.

Month 1 is orientation. Month 2 is contribution and feedback. Month 3 is independent delivery.

The review at the end of month 3 is a genuine checkpoint, not a formality.

| Phase | Day range | Manager focus | Employee focus |
| --- | --- | --- | --- |
| Orientation | Days 1 to 30 | Introductions, systems access, compliance training, role context | Learn the processes, build team relationships, understand the product |
| Contribution | Days 31 to 60 | First independent assignments, structured feedback, identify skill gaps | Deliver first outputs independently, raise questions early |
| Independence | Days 61 to 90 | Full role ownership, probation review preparation, written assessment | Demonstrate role readiness, flag concerns before the review |
| Growth | Days 91 to 180 | Second formal check-in at mid-point of the full 6 months probation | Consolidate performance, address any remaining gaps from the 90-day review |

Because German probation runs for 6 months, a single 90-day review is the mid-point checkpoint, not the final one. The meaningful final probation review falls at day 180. If an employee first hears about performance concerns at the day-180 review, having received no written feedback in the preceding five months, that is a procedural failure that weakens the employer's position in any labour court challenge, even during the KSchG-free window.

Day-one onboarding admin under German law includes issuing the written employment contract (required before work starts under [Nachweisgesetz](https://www.gesetze-im-internet.de/nachwg/)), registering the employee for social insurance, and providing information on working-time rules under [ArbZG](https://www.gesetze-im-internet.de/arbzg/). All three are day-one obligations, not matters to defer to week two.

## How does Teamed handle Germany probation and onboarding?

Teamed becomes your legal [employer of record](/lp/employer-of-record) in Germany for [**from $599 per employee per month**](/pricing), with **zero FX mark-up** in any currency.

Probation structure, contract drafting, day-one compliance, and review support all run on **one platform**.

**Real HR and legal experts** handle your German hires from the first offer letter through every review meeting and probation outcome. **An actual person**, not a chatbot or a pooled queue. There is **no setup fee** and **no exit fee**. Employer cost **passes through at cost, itemised** on every invoice.

Teamed's standard Germany service for probation and onboarding:

- German contract includes a probation clause set to the agreed length, up to the statutory maximum of 6 months (BGB 622(3))
- Written contract issued before the employee's first day, meeting Nachweisgesetz requirements
- Probation review templates provided to client managers at day 30, day 90, and day 150 for a full 6 months probation
- Works council consultation handled by Teamed's German employment team where a works council exists
- Written termination letter drafted and issued by Teamed if a probation dismissal is agreed, meeting BGB 623 form requirements and the 14 days notice period
- Documentation kept centrally: feedback records, performance notes, review outcomes

The split is clear. The client owns the relationship and the performance assessment. Teamed owns the procedure, the legal paperwork, and the German-law compliance. That keeps probation dismissals defensible without burdening the client with local statutory requirements they are unlikely to know by heart.

Key sources: [BGB 622 (notice periods)](https://www.gesetze-im-internet.de/bgb/__622.html), [KSchG section 1 (dismissal protection)](https://www.gesetze-im-internet.de/kschg/__1.html), and [BMAS Federal Employment Law](https://www.bmas.de/EN/Labour/Labour-Law/labour-law.html).

## Frequently asked questions

What is the maximum probation period in Germany?

The statutory maximum is 6 months under BGB 622(3). A contract cannot set a longer probation period. This is a hard cap, not a convention. The parties can agree a shorter period and extend it in writing up to 6 months, but they cannot extend beyond it.

What notice applies during a German probation period?

During probation, either side can give 14 days notice, to any calendar day of the month (BGB 622(3)). After probation ends, the minimum employer notice rises to 4 weeks for service under two years, and the employee must give 4 weeks. The probation notice period applies only while the probation clause is still active.

Does the KSchG apply during probation in Germany?

No. The Kundigungsschutzgesetz only applies after more than 6 months of continuous employment (KSchG section 1(1)). During probation, the employer does not need to justify a dismissal on social grounds. However, a dismissal must still be given in writing, must observe the 14 days notice period, and cannot be based on a discriminatory reason.

Can a German employer dismiss someone without a written notice letter?

No. BGB 623 requires the notice of termination to be in writing and signed. An oral termination, a text message, or an email does not meet the legal form requirement in Germany. It has no legal effect, even during probation. Teamed handles the written notice letter as part of any probation dismissal.

Does annual leave accrue during probation in Germany?

Yes. Annual leave under the Bundesurlaubsgesetz accrues from day one of employment and is not suspended during probation. The law sets a minimum of 20 days for a five-day working week. In the first six months, the employee accrues leave proportionally. Full entitlement to take the annual leave vests after six months of employment.

Teamed Legal Operations

German clients often assume that the absence of KSchG protection during probation means they can dismiss cleanly without any process. The written-form rule changes that picture immediately. An oral termination in Germany has no legal effect, even on day two of employment. The paperwork requirement is not bureaucracy. It is the floor.

A note from Tom Price-Daniel

Germany puts a hard 6 months cap on probation by statute, and that cap cannot be extended by agreement.  
During those six months, either side can walk away on 14 days notice, to any calendar day.  
When probation ends, the notice floor jumps to 4 weeks and keeps rising with tenure. Getting the transition right matters.

Tom Price-Daniel · Co-founder, Teamed

## Related Germany guides

- Hiring in Germany, overviewparent
- [Germany hiring guide](/country-hiring-guides/germany/hiring-guide)sibling
- [Germany termination and severance](/country-hiring-guides/germany/termination-and-severance)sibling
- [Germany compliance and day-one rights](/country-hiring-guides/germany/compliance-and-day-one-rights)sibling
- [Employer of Record overview](/lp/employer-of-record)core
- [Talk to an expert](https://www.teamed.global/contact)CTA

A note on this page.

This is a guide, not legal, tax or accounting advice. Rules change and vary by jurisdiction. Verify current requirements with the Federal Ministry of Labour and Social Affairs (BMAS) and the relevant statutory sources before relying on any specific framework.