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Notice Period During Probation: Two Weeks, Calculated Correctly

Editorial
4 min read
2026-09-24
Notice Period During Probation: Two Weeks, Calculated Correctly

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The shortest period in German employment law

During probation both sides want to find out whether the working relationship fits. The law therefore makes separation easy: during an agreed probation period, the employment can be terminated with two weeks' notice (§ 622(3) BGB). This applies equally to employers and employees.

To any day, not only the 15th or month-end

Unlike the basic four-week period, there is no fixed termination date during probation. The two weeks start on the day after receipt (§ 187(1) BGB) and end on the same weekday two weeks later (§ 188(2) BGB). If notice is received on Thursday 24 September 2026, the employment ends on Thursday 8 October 2026.

If you want to reach a specific end date, count back 14 days. If your last working day is to be 15 October 2026, the notice must be received by 1 October. The notice period calculator does this automatically when you tick the probation box.

Receipt on the last day of probation is enough

The short period applies if the notice is received within the probation period. The employment itself may well end after probation. If a job starts on 1 April, a six-month probation ends at the end of 30 September. If notice is received on 30 September, the employment ends on 14 October. If it is received on 1 October, the normal period applies and the end moves to 31 October.

So pay particular attention to receipt at the end of probation. Notice dropped into the letter box on a Friday evening is often only received on the next working day. If that day is outside probation, the two-week period is lost. Tips for safe delivery can be found in proving receipt of notice.

Requirement: probation must be agreed

Probation does not exist automatically. It must be set out in the employment contract or a collective agreement and may last no more than six months. If a longer period is agreed, the short notice period still only applies during the first six months. For fixed-term contracts the probation period must also be proportionate to the expected duration and the type of work (§ 15(3) TzBfG). Ordinary notice of a fixed-term contract is only possible at all if it has been agreed.

Do not confuse probation with the qualifying period of the Protection Against Dismissal Act. General protection only applies after six months of employment in businesses with more than ten employees. Both periods often run in parallel but are legally independent of each other.

Can the contract set a longer period?

Yes. Two weeks is a minimum, and a longer period can be agreed in the contract, for example one month to the end of a month. A shorter period is only possible through a collective agreement. In the calculator, choose employment contract or collective agreement and enter the length and the end date type.

Special protection also applies during probation

The short period does not change special protection against dismissal. Pregnant employees may in principle not be dismissed during probation either (§ 17 MuSchG). If there is a works council, it must be consulted before any dismissal (§ 102 BetrVG), otherwise the dismissal is invalid. On the other hand, notice during probation does not need to state a reason.

Practical tips

1. Give notice in writing with a handwritten signature. An email is not enough (§ 623 BGB).

2. Ideally hand over the notice in person and have receipt confirmed with a date.

3. If the employment ends within three months, register as a job seeker no later than three days after the notice.

4. You are entitled to pro-rata holiday, usually one twelfth of the annual leave per full month. The holiday entitlement calculator works out the exact figure.

How the periods work after probation is explained in our main guide calculating notice periods in Germany.

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