Can you extend a probation period once it has started?

In most countries, no. Germany and the Netherlands both set hard statutory maximums that cannot be extended by agreement. In the UK, where there is no statutory cap, an extension is possible if both parties agree in writing, but courts may scrutinise very long or repeatedly extended periods.

What happens if you dismiss someone during probation without following the right process?

You can still face claims for wrongful dismissal if you breach the contract, or discrimination claims if the reason touches a protected characteristic. Statutory rights apply from day one, so a shorter probation notice period does not remove all employer obligations.

Do statutory benefits like annual leave accrue during probation?

Yes. Statutory leave, minimum wage, and other employment rights apply from the first day regardless of probation status. Probation only affects notice periods and, in some jurisdictions, access to unfair dismissal procedures; it does not suspend basic entitlements.

Does the USA have statutory probation period rules?

No federal law defines or limits probation periods in the USA. Most US employment is at-will, meaning either party can end the relationship at any time, making a formal probation clause less legally significant than in Europe or Australia. State law and individual contracts govern any trial-period terms.

Glossary

Probation period

A probation period is a defined trial phase at the start of employment, during which either party can end the contract with shorter notice than usual, subject to local law.

Reviewed by Teamed's in-house employment-law team·Last updated 24 June 2026

Also known as: Trial period, Probationary period

What is Probation period?

A probation period is a fixed stretch at the beginning of a job where both you and your employee can assess the fit before the full weight of employment protections kicks in. During this window, notice periods are typically shorter, and in some countries dismissal is easier and requires less formal justification. The length and rules vary widely by country. In Germany, the statutory maximum is six months under Section 622(3) of the Civil Code, with a two-week notice period on either side. In the Netherlands, contracts shorter than six months carry no probation right at all; contracts of six months to two years allow one month; permanent or longer fixed-term contracts allow two months, under Article 7:652 of the Dutch Civil Code. The UK sets no statutory cap, leaving length to the contract, though three to six months is standard. Australia links dismissal protection to a minimum employment period of six or twelve months under the Fair Work Act, rather than a formal probation concept. Whatever the local rules, employment protections covering discrimination, statutory pay, and leave accrue from day one.

What can you do during a probation period?

During probation, either party can usually end the contract with a shorter notice period than would apply later. You can assess performance, culture fit, and role suitability. The employee keeps all statutory rights from day one, including minimum wage, leave accrual, and anti-discrimination protection.

What changes is the ease of exit, not the employee's basic entitlements. Any clause that strips statutory rights during probation is void.

Is a probation period required by law?

No country requires you to set a probation period. It is always optional and must be written into the employment contract to be enforceable. In some countries, such as the Netherlands, an unwritten probation clause has no legal force at all.

If you do not include a probation clause, standard notice periods and dismissal rules apply from the first day.

How does probation work when hiring internationally?

Each country sets its own maximum length, notice rules, and formality requirements. A six-month probation that is routine in Germany would be void in the Netherlands for contracts under two years. When you hire across borders, local law governs, not your home-country template.

Getting the clause wrong, whether too long or not in writing, can make the probation unenforceable and expose you to full dismissal liability from day one. A global employment platform can build the correct clause into the local contract automatically.

Key facts

Germany statutory maximum: 6 monthsUnder Section 622(3) BGB (German Civil Code), probation cannot exceed six months. Either party may terminate with two weeks' notice during this window.Source: German Civil Code (BGB) Section 622(3), via KUHLEN Berlin· verified 2026-06-24
Netherlands maximum by contract type: 0, 1 or 2 monthsContracts of 6 months or under: no probation allowed. Contracts over 6 months but under 2 years: maximum 1 month. Permanent or 2-year-plus fixed-term contracts: maximum 2 months. Governed by Article 7:652 of the Dutch Civil Code.Source: Dutch Civil Code Article 7:652, via dutch-law.com· verified 2026-06-24

Probation period rules by country

Country	Maximum length	Statutory basis	Key note
Germany	6 months	BGB Section 622(3)	2-week notice during probation
Netherlands (permanent contract)	2 months	Dutch Civil Code Art. 7:652	0 months allowed for contracts under 6 months
Netherlands (6 months to 2 years)	1 month	Dutch Civil Code Art. 7:652	Must be written; verbal clause is void
UK	No statutory cap	No specific statute	3 to 6 months is standard practice
France (executive/cadre)	4 months, renewable once	French Labour Code	Maximum 8 months with renewal
Australia	No formal cap	Fair Work Act 2009	Unfair dismissal access after 6 or 12 months
USA	No statutory rule	At-will employment norm	Contractual only; state law may vary

Frequently asked questions

Can you extend a probation period once it has started?
In most countries, no. Germany and the Netherlands both set hard statutory maximums that cannot be extended by agreement. In the UK, where there is no statutory cap, an extension is possible if both parties agree in writing, but courts may scrutinise very long or repeatedly extended periods.
What happens if you dismiss someone during probation without following the right process?
You can still face claims for wrongful dismissal if you breach the contract, or discrimination claims if the reason touches a protected characteristic. Statutory rights apply from day one, so a shorter probation notice period does not remove all employer obligations.
Do statutory benefits like annual leave accrue during probation?
Yes. Statutory leave, minimum wage, and other employment rights apply from the first day regardless of probation status. Probation only affects notice periods and, in some jurisdictions, access to unfair dismissal procedures; it does not suspend basic entitlements.
Does the USA have statutory probation period rules?
No federal law defines or limits probation periods in the USA. Most US employment is at-will, meaning either party can end the relationship at any time, making a formal probation clause less legally significant than in Europe or Australia. State law and individual contracts govern any trial-period terms.

Related terms

Note

This is general information, not legal advice. Statutory rules vary by country and change over time.

Glossary

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Last verified 2026-06-24