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Probationary Period: the First Days in Your New Job

Definition, Explanation

Tips, Checklist

Definition, Explanation

The trial employment relationship – colloquially known as probationary period – serves the purpose of employer and employee getting to know and each other and seeing if they get on with each other. It is not required by law but is agreed upon in the contract of employment. In the case of simple jobs, a duration of up to 3 months applies. For higher-valued jobs up to 6 months is seen as appropriate. During this period, you are entitled to the income agreed upon and proportional holiday on agreement with the boss. You are first entitled to full annual leave after 6 months. Continued payment of wages happens after continually working for more than 4 weeks. If an employee has not worked on more than 10 working days, the probationary period is extended by the number of days of absence exceeding the 10 days. The working hours and thus the regulations on overtime are stipulated in the agreement on tariffs and the contract of employment.

The probationary Probation can be limited in time, i.e. it ends automatically after the period agreed upon has passed and without notice. Termination with notice is thus categorically excluded unless the social partners have agreed otherwise. A new contract is necessary for the continuation of employment. Limited employment can be extended up to 3 times and up to a duration of 3 years.

The other possibility is upstream employment. In this case, giving notice is necessary; otherwise, employment is automatically continued.

During the probationary period, the term of notice is 14 days to any weekday. Through a trade agreement or contract of employment, it can be extended but not shortened. Is there a shorter probationary period in the trade agreement as in the contract of employment, then the trade agreement applies.

On becoming pregnant during the probationary period, the provisions of maternity protection apply. A pregnant woman can only be given notice on agreement by the authority responsible for employment protection.

Normally, there is no entitlement to Christmas allowance, holiday allowance or company pension unless it was agreed upon in the contract of employment. Periods of basic military service or alternative service are not credited. The same regulations apply to part-time employees.

If employment is not continued after the probationary period, an employer's reference can be asked for.

Protection against unlawful dismissal commences after termination of the qualifying period of maternity protection, which is six months and often concurs with the agreed probation. An extension of the agreed probationary period is not possible.

Tips, Checklist

• The probationary period serves the purpose of getting to know your expert competencies and your behaviour. So be natural and do not speak bad of your previous jobs, colleagues and bosses. Do not be outspoken at first. Et that does not mean you should accept everything
• Try to recognize and understand the unofficial structures of the company, its culture. Particularly at the beginning, you may want to be retentive and listen and observe rather than loudly express your opinion, make evaluations and discussions
• Show interest and ask question if you don not understand something
• Check the named periods of notice within the probationary period stated in your contract of employment
• The works council also has the right of co-determination in the case of terminations during the probationary period. The works council is to be informed of the decisive reasons for termination. The hearing should optimally be in writing with a signed copy of the hearing minutes
• Notice can be given up to the last second of the last day of the probationary period, thus until 24:00h
• Wages are often increased after the probationary period. Consider this when applying for the job and on negotiating your wage
• Take a close look at the company, the colleagues and bosses. Even for you, the probationary period means taking stock of whether you feel comfortable and want to stay and or would prefer to hand in your notice

Last update: 12/16/2009