A contractual probation period and the statutory waiting period for general dismissal protection are different concepts. Special protection may apply from the outset.
Planning a lawful departure
Review the contract, service history, establishment size and intended termination date. General dismissal protection and special protection are separate questions. Short service does not automatically remove protections linked to pregnancy, disability or representative office. Several planned departures may also trigger collective procedures.
Work backwards from the required implementation date. Necessary consultation and authority approval must occur in the correct sequence. Document grounds, alternatives and receipt of communications. German dismissals and termination agreements are subject to statutory form requirements. A dismissal challenge generally needs to be filed within three weeks of receipt of written notice.
Documents and practical implementation
A departure arrangement should address salary, variable remuneration, holiday, release from duties, references and return of property. Tax and social security consequences require their own review. Gather all contract amendments, recent payslips, relevant correspondence and evidence of receipt. Other contractual exclusion periods may run independently of dismissal proceedings.
Four practical examples
These illustrative situations highlight the issues to examine. The outcome depends on the agreement and the facts that can be established.
Example 1
A probation clause lasts longer than expected. Check its validity and the applicable notice rules.
Example 2
Dismissal is issued shortly before six months. Determine the legally relevant receipt date.
Example 3
A pregnant employee is still on probation. Assess special protection separately.
Example 4
A fixed-term contract includes probation. Review proportionality and whether ordinary termination is permitted.
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Deutsch · Reviewed on 13 November 2026.