The rules in four numbers

What Probezeit actually changes

During an agreed probation period (max 6 months, §622 Abs. 3 BGB), either side can terminate with two weeks' notice, effective any day — no waiting for the 15th or month-end. That shortened notice is the entire legal content of Probezeit. Everything else people attribute to it is either the KSchG waiting period (below) or myth.

For fixed-term contracts, probation must be proportionate to the contract's length (§15 Abs. 3 TzBfG) — a 12-month contract with 6 months' probation is not proportionate.

What stays fully intact during probation

• Sick pay: after 4 weeks of employment, your employer pays 100% of your salary for up to 6 weeks per illness (§3 EFZG). Being sick during Probezeit is not a legal reason for a worse reference — though the employer can still terminate with 2 weeks' notice without stating reasons.
• Vacation: you accrue 1/12 of your annual entitlement per month from day one; the full year's entitlement vests after 6 months (§4 BUrlG). If you leave during probation, accrued untaken days must be paid out.
• Form of dismissal: even in Probezeit, a termination is only valid in wet-ink written form (§623 BGB). An email, chat message or verbal "you're done" is legally void.
• Anti-discrimination (AGG) and Mutterschutz: protections against discriminatory dismissal and the special protection for pregnancy apply from day one, Probezeit or not.

If you're dismissed during Probezeit

1. 1

   Check the form and the date

   Day 0

   Written, wet-ink signed, correct 2-week notice? A WhatsApp or email dismissal is void (§623 BGB). Wrong notice period shifts the end date.

2. 2

   Consider the 3-week deadline anyway

   3 weeks max

   Even without KSchG protection, dismissals can be attacked for discrimination (AGG), pregnancy, or formal defects — and the Kündigungsschutzklage deadline is 3 weeks from receipt (§4 KSchG) regardless.

3. 3

   Register with the Agentur für Arbeit

   3 days

   Within 3 days of learning the end date (arbeitsuchend meldung) to protect any benefit claims your permit allows.

4. 4

   Check your residence clock

   ASAP

   Non-EU permit holders: job loss triggers a duty to inform the Ausländerbehörde, and your permit gives you a limited window to find a new job — the exact rules depend on your permit type.

The visa dimension (non-EU workers)

Losing a job during probation does not automatically end your residence permit — but you must report the job loss to your Ausländerbehörde, and the search window you're granted depends on your permit (Blue Card holders generally get meaningfully more slack than §18a/b permit holders; the details are permit-specific and change — check your permit's conditions, not forum lore). Two practical consequences:

1. Don't sign a termination agreement (Aufhebungsvertrag) casually. It can look better than a dismissal but may trigger benefit blocking periods and complicate the residence narrative. Get advice first — keine Rechtsberatung hier, a Fachanwalt für Arbeitsrecht or the free Faire-Integration counseling service (see labor rights 2026) is the right address.
2. Keep applying infrastructure warm during your first 6 months: an updated Lebenslauf and your application tracker board mean a probation surprise costs you days, not months.

Negotiating Probezeit before you sign

The probation period itself is a contract term like any other:

• Shorter Probezeit (3 months instead of 6) — a reasonable ask for senior hires; costs the employer little, de-risks your relocation a lot.
• Salary review after Probezeit — the classic. Get "Gehaltsüberprüfung nach der Probezeit" in writing; see salary negotiation.
• Relocation clawbacks — if the contract makes you repay relocation costs when leaving during probation, cap the amount and the period.

Keine Rechtsberatung — general information only; for a binding assessment of your individual case, consult a Fachanwältin/Fachanwalt für Arbeitsrecht.