Termination during the trial period - this should be noted

There is usually a trial period at the beginning of the new job. Special regulations apply to termination. Read what needs to be considered in this article.

Termination during the trial period - special rules apply

During the trial period, employers usually get an idea of ​​whether new employees fit into the environment and are up to the task. As an employee, you also want to test whether you find yourself in the new position. If the cooperation does not fit, the employment relationship can be terminated at short notice.

• The trial period rules are made possible by the fact that the legislature only applies the protection against unfair dismissal from an employment of six months. However, there is special protection against dismissal for certain groups of people. This affects, for example, workers with severe disabilities or pregnant women.
• Trial periods are therefore often designed for a period of six months. However, shorter periods or no trial period can be agreed. Special agreements can also result from a valid collective agreement.
• During the trial period, the job can be terminated by both parties, both by the employer and by the employee. The so-called ordinary termination should always be made in writing with reference to the agreed notice period and the date of termination.
• The notice period is two weeks and is not tied to a specific date, such as the end of the month. This means that the employment contract ends 14 days after the termination.
• Please note that even during the trial period, termination without notice is possible in certain cases. This usually applies to serious breaches of trust or serious misconduct on the part of the employee.
• There are different regulations for vocational training relationships. If trial periods are agreed for trainees, these must be at least one month and at most four months. There is also no notice period. This means that if you give up your probationary period, you will be dismissed as an apprentice.
• It is also important to note that the trial period is not an independent or temporary employment relationship. After their expiry, the employment contract continues and the normal contractual notice periods apply. In certain cases, a trial period can be extended.

If you are considering termination, you will find help in the following article on the wording of the termination letter.