Probation Period (Probezeit) Rules in Germany and Austria 2026: What the Law Says and How to Navigate It

What Is a Probation Period (Probezeit) and Why Does It Matter?

A probation period (Probezeit) is a trial phase at the start of an employment relationship. During this time, both you and your employer can assess whether the job is a good fit. In Germany and Austria, the law sets clear rules for how long a Probezeit can last, what notice periods apply, and what protections (or lack thereof) exist. Understanding these rules is essential because your rights are significantly reduced during probation – for example, you can be dismissed more easily and with shorter notice.

This guide explains the legal framework for probation periods in Germany and Austria, step by step, so you know exactly where you stand.

Step 1: Maximum Duration of Probation Periods

In Germany: Under § 622 (3) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), a probation period can last a maximum of six months. Any agreement that extends beyond six months is invalid, and the normal notice periods apply instead. Many collective bargaining agreements (Tarifverträge) set shorter maximums, such as three or four months.

In Austria: The Austrian Angestelltengesetz (Employees Act) and the Allgemeines Bürgerliches Gesetzbuch (ABGB) allow a probation period of up to one month for most employees. However, under § 19 (2) Angestelltengesetz, a longer period of up to three months is permitted if agreed in writing. For workers in seasonal or temporary jobs, the maximum is often shorter. Always check your employment contract (Dienstvertrag) for the exact duration.

Key difference: Germany allows up to six months; Austria generally caps at one month, extendable to three months by written agreement. In Austria, a probation period longer than three months is automatically void.

Step 2: Notice Periods During Probation

In Germany: During the first six months (the statutory maximum probation period), either party can terminate the employment with a notice period of two weeks (14 days), regardless of the length of the probation period agreed. This is set out in § 622 (3) BGB. If your contract states a shorter notice period, that is also valid – but the legal minimum is two weeks. No special reason (Kündigungsgrund) is required, meaning termination can be arbitrary.

In Austria: During the probation period, the notice period is one week (effective at the end of the week) unless a different period is agreed in writing. Under § 19 (3) Angestelltengesetz, the notice period can be shortened to as little as one day, but it must be the same for both employer and employee. No reason is needed for termination during probation.

Practical tip: In both countries, termination during probation does not require a formal warning or any specific cause. However, discrimination based on protected characteristics (e.g., gender, religion, disability) is still illegal under EU law (e.g., the EU Equal Treatment Framework Directive 2000/78/EC).

Step 3: Protection Against Unfair Dismissal (Kündigungsschutz) During Probation

In Germany: The general protection against unfair dismissal (Kündigungsschutzgesetz, KSchG) only applies after an employee has worked for the same employer for more than six months. Since the probation period is at most six months, you have no protection under the KSchG during probation. This means your employer does not need to prove social justification (e.g., poor performance, misconduct) to fire you. However, you are still protected against discrimination under the Allgemeines Gleichbehandlungsgesetz (AGG, General Equal Treatment Act).

In Austria: The Austrian law provides even less protection. During the probation period, the general protection against dismissal (Kündigungsschutz) does not apply at all. You can be dismissed without reason, and there is no right to challenge the dismissal in court based on unfairness (unless discrimination is involved). The only exception is if the dismissal violates a specific law, such as the Gleichbehandlungsgesetz (Equal Treatment Act) which prohibits discrimination based on gender, ethnic origin, religion, age, or sexual orientation.

Step 4: Special Rules for Specific Groups

Pregnant employees and parents on leave: In both Germany and Austria, pregnant women are protected from dismissal during pregnancy and for four months after childbirth (Mutterschutz). However, this protection does apply during probation – meaning you cannot be fired during probation if you are pregnant, even if the employer would otherwise be free to terminate. The same applies to employees on parental leave (Elternzeit in Germany, Karenz in Austria). If you are dismissed while pregnant or on leave, the termination is void.

Disabled employees: In Germany, severely disabled employees (Schwerbehinderte) have additional protection. During probation, the employer must obtain consent from the Integration Office (Integrationsamt) before dismissal. In Austria, disabled employees have similar protection under the Behinderteneinstellungsgesetz (Disabled Employment Act).

Step 5: Practical Steps If You Are Fired During Probation

• Check the notice period: Confirm that the employer respected the required notice period (two weeks in Germany, one week in Austria unless otherwise agreed). If they gave shorter notice, you may have a claim for wages in lieu of notice.
• Look for discrimination: If you believe the termination was based on your gender, religion, disability, pregnancy, or other protected characteristic, you can file a complaint under the AGG (Germany) or Gleichbehandlungsgesetz (Austria). You must act quickly – deadlines are typically two weeks to three months.
• Request a written termination letter: In both countries, a dismissal must be in writing to be valid. Verbal firings are not effective. Ask for a written Kündigungsschreiben (termination letter).
• Check your contract: Some employment contracts or collective agreements may provide additional protections during probation, such as a requirement for a warning before dismissal. Review your contract carefully.
• Do not sign anything under pressure: If your employer asks you to sign a termination agreement (Aufhebungsvertrag) or a settlement, you are not obliged to do so immediately. Take time to understand your rights. Signing may waive your right to challenge the dismissal.

Frequently Asked Questions (FAQ)

Can my probation period be extended beyond six months in Germany?

No. Under German law, the maximum probation period is six months. Any agreement to extend it further is void. However, if you change positions within the same company, a new probation period may be possible, but it should not exceed six months total for the same employer.

In Austria, can the probation period be longer than three months?

No. The legal maximum is three months, and only if agreed in writing. If your contract states a longer period, it is automatically reduced to one month (or three months if written agreement exists). Any period beyond three months is invalid.

Do I have the right to a hearing before being fired during probation?

In Germany, there is no general right to a hearing before termination during probation. In Austria, the same applies. However, works councils (Betriebsrat in Germany, Betriebsrat in Austria) may have co-determination rights in dismissal procedures if they exist in your company. Check with your works council if applicable.

Can I quit during probation with immediate effect?

In both countries, you can terminate the employment contract during probation with the applicable notice period (two weeks in Germany, one week in Austria). You do not need a reason. However, if you want to leave immediately, you must negotiate with your employer – they are not obliged to release you early.

What happens if I get sick during probation? Can I be fired?

Yes, you can be fired during probation even if you are sick, unless the sickness is related to a protected characteristic (e.g., disability). However, if you are on sick leave, the notice period still runs. In Germany, the employer must pay your salary for up to six weeks of illness under the Entgeltfortzahlungsgesetz (Continued Payment of Wages Act). In Austria, similar rules apply under the Angestelltengesetz.

Are probation periods allowed for fixed-term contracts (befristete Verträge)?

Yes, in both countries. For fixed-term contracts, the probation period must be proportionate to the duration of the contract. In Germany, the maximum is six months regardless of the contract length. In Austria, the maximum is one month (or three months if agreed in writing) even for fixed-term contracts, unless the contract is very short (e.g., less than one month), in which case the probation period must be significantly shorter.

Official Sources and Further Reading

• Germany: § 622 BGB – Notice periods (Kündigungsfristen); Kündigungsschutzgesetz (KSchG); Federal Anti-Discrimination Agency (ADS) for discrimination complaints.
• Austria: Angestelltengesetz (Employees Act); Gleichbehandlungsgesetz (Equal Treatment Act); Chamber of Labour (Arbeiterkammer) for free legal advice.
• EU: EU Equal Treatment Framework Directive 2000/78/EC – prohibits discrimination in employment.

This information is for educational purposes and does not constitute legal advice. Laws may change, and individual circumstances vary. Always consult a qualified lawyer (Rechtsanwalt) for your specific situation.

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