Probation period
Definition and meaning
The probation period is a fixed-term phase at the beginning of a new employment relationship, during which both employer and employee have the opportunity to terminate the employment under eased conditions. It serves the purpose of mutual familiarization and assessment to determine if the collaboration meets both parties’ expectations and requirements. The regulations governing the probation period are outlined in the German Civil Code (BGB) and are often also specified in employment or collective bargaining agreements.
Placement in the application process
Role of the probation period when starting at a law firm
Within the application process, the probation period is usually already stipulated in the employment contract. Its commencement formally marks the entry into the company, that is, the first day of the contractually agreed role. Especially when joining a law firm, the probation period represents an important phase during which new employees can demonstrate their professional approach, social integration into the team, and willingness to assume responsibility.
Relevance for applicants
For new employees in a law firm, the probation period means getting acquainted with the specific requirements of the respective employer while demonstrating motivation and commitment. The probation period also offers an opportunity to get to know the company culture and to assess whether one’s own expectations of the working atmosphere and tasks are being met.
Requirements and expectations from the employer’s side
Employers use the probation period to assess new staff regarding their expertise, work style, and ability to integrate. The following aspects are often the focus:
- Willingness to perform: It is expected that new staff actively and enthusiastically take on their tasks and become familiar with their duties quickly.
- Teamwork skills: The ability to work constructively with colleagues is a central criterion.
- Initiative: Employees should demonstrate responsibility, independently identify tasks, and address them proactively.
- Flexibility and willingness to learn: Openness to new tasks, as well as the willingness to accept and implement feedback, is particularly valued.
- Reliability: Punctuality, diligence, and a conscientious approach to work are fundamental requirements.
In addition to professional skills, special emphasis is often placed on communicative and organizational abilities.
Typical misunderstandings or misinterpretations
The probation period is often misunderstood or misjudged, particularly regarding the following points:
- Shortened notice period: During the probation period, a shortened notice period applies (usually two weeks, unless otherwise specified in the contract), but there is no complete waiver of protection against dismissal.
- Obligation to continue employment: There is no legal entitlement to subsequent continued employment; legally, the probation period is designed as a potential termination phase.
- Duration of the probation period: The duration is typically between three and six months, but it can be individually agreed upon and is not legally mandated — longer periods are possible in exceptional cases, but are not the norm.
- Not a ‘testing phase’ just for employees: The probation period is a mutual familiarization phase and not a one-way street — new staff can also use this time to check if the employment relationship matches their own expectations.
Practical tips for applicants on handling the probation period
- Create clarity: Before signing the contract, read the specific provisions regarding the probation period in the employment contract carefully and ask questions if necessary.
- Proactively seek feedback: Show initiative and regularly request feedback on your work style and integration.
- Openness to new experiences: Use the opportunity to demonstrate willingness to learn and flexibility — especially in new and unfamiliar work situations.
- Strengthen self-responsibility: Take responsibility for your tasks and actively contribute improvement suggestions.
- Foster social integration: Participate in team meetings and get involved in joint projects — social skills are highly valued.
- Reflection: It is also advisable for you to regularly check whether the working situation and company culture align with your own expectations and goals.
Frequently asked questions
How long does the probation period usually last in a law firm?
The probation period is usually between three and six months. The exact duration depends on the terms of the employment contract.
Can the probation period be extended?
An extension of the probation period is generally only possible if it is individually agreed in the contract and the maximum total duration (usually six months) is not exceeded.
What notice period applies during the probation period?
During the probation period, a notice period of two weeks generally applies. The exact notice period is determined by the employment contract or statutory regulations.
Does the same protection against dismissal apply during the probation period as afterwards?
General protection against dismissal under the Dismissal Protection Act usually applies only after completion of the probation period and after a waiting period of six months. During the probation period, dismissals are possible under eased conditions.
Is there a vacation entitlement during the probation period?
Yes, vacation entitlement generally exists from the start of the employment relationship. However, the employment contract may stipulate that vacation can only be taken in a limited way during the probation period.
Are there special tips for successfully completing the probation period?
Open communication, initiative, and actively seeking feedback are important factors. Flexibility, willingness to learn, and a positive attitude toward the team help to shape a successful employment relationship.
The probation period is therefore a significant and legally binding component at the start of working in a law firm. It gives both parties the opportunity to lay the foundations for successful cooperation. Conscious and active management of this phase can make a considerable contribution to long-term success.
Frequently asked questions
What notice periods apply during the probation period?
During the probation period, both employer and employee may terminate the employment relationship with a shortened notice period. According to § 622 para. 3 BGB (German Civil Code), the statutory notice period during probation is two weeks. This rule applies regardless of whether the probation was properly defined in the employment contract, but only if the probation period lasts a maximum of six months. If the contractual parties agree on a longer probation period, the regular notice period applies from the seventh month onward. Similarly, the employment contract may stipulate a shorter or longer notice period, but this must not fall below the statutory minimum. Collective agreements may also contain deviating provisions that must be observed. Termination requires written form, as in any normal employment relationship (§ 623 BGB).
Does a reason for termination need to be given during the probation period?
A reason for termination does not generally need to be given during the probation period. The Dismissal Protection Act (KSchG) only applies when the employment relationship has lasted longer than six months and the company usually employs more than ten employees. Within the probation period, employees are therefore generally not entitled to dismissal protection under the KSchG, so an ordinary termination usually does not require justification. An exception applies in cases of conduct-related, personal, or operational reasons where special dismissal protection applies (for example, for pregnant women, people with severe disabilities, and members of the works council). In such cases, termination during the probation period is only possible under restricted circumstances or after the relevant authorities have given their approval.
Is there a claim to vacation during the probation period?
There is also generally a right to vacation during the probation period. However, the full vacation entitlement under § 4 BUrlG (Federal Vacation Act) arises only after six months of employment. Before this waiting period elapses, an entitlement to one twelfth of the annual vacation is earned for each full month of the employment relationship (§ 5 para. 1 BUrlG). This proportionate leave can be granted to employees during the probation period, so no waiting period applies for taking vacation days for the first time. In practice, however, it is common for vacation requests during probation to be handled restrictively, but this does not amount to a legal exclusion.
Can an extension of the probation period be enforced unilaterally?
An extension of the probation period cannot usually be enforced unilaterally by the employer. A contractually agreed probation period is binding. A subsequent extension is only legally permissible if both parties — employer and employee — expressly agree to such a change and it is recorded in writing. Without a consensual amendment to the employment contract, a unilateral probation extension is invalid. Only in certain exceptions, such as extended incapacity for work of the employee during the probation period, can an extension be reasonable and legally permissible if both sides agree.
Is there an entitlement to continued payment of wages in case of illness during the probation period?
The Continued Payment of Wages Act (EFZG) applies during the probation period as well. This means that an employee is entitled to continued payment of wages by the employer in case of illness, provided the employment relationship has lasted at least four weeks (§ 3 para. 3 EFZG). If the employee is unable to work before these four weeks have elapsed, the employee receives sick pay from the health insurance fund. After the four-week period, regardless of whether the probation period is still ongoing, the employee is entitled to up to six weeks continued payment of wages in the event of illness.
Does special protection against dismissal apply during the probation period?
Certain groups of people also enjoy special protection against dismissal during the probation period. This includes, for example, pregnant women and mothers on maternity leave (§ 17 MuSchG), people with severe disabilities and those with equivalent status (§ 168 SGB IX), as well as works council members (§ 15 KSchG). In these cases, dismissal is only possible under special conditions and usually only after approval by the relevant protection authorities. In particular, for expectant mothers, termination even during the probation period is only possible in absolute exceptional cases, and only with the approval of the responsible authority (e.g. supervisory authority or integration office).
Can the employee themselves resign during the probation period?
The employee can also terminate the employment relationship during the probation period by observing the statutory or individually agreed notice period. The notice period is generally two weeks unless otherwise agreed in the employment or collective bargaining agreement. Notice of termination by the employee must also be given in writing and must be received by the employer during the probation period, although the actual end of employment may fall after the probation period if notice was given within the probation period.