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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 17034
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Is it legal to extend a probationary in Germany - currently

Resolved Question:

Is it legal to extend a probationary period in Germany - currently have 6 months but would like to extend for a further 3 months to give the guy a chance to perform but not sure if it is legal?
Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.



in § 622 section 3 of the Civil Code it says that for an agrees probationary period at the most 6 months the employment can be terminated within a fortnight.


So a probationary period can only be 6 months





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Customer: replied 3 years ago.


Is this even with the employees agreement?

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


that is a good question.


The solution for that is quite complicated.

The Bundesarbeitsgericht ( highest employment court) says this is only possible with an agreement to terminate the contract and a new contract, or by terminating the contract and the promise of rehiring


So it will not be easy.

Otherwise you are in danger that the agreement about the probationary period is nil and void.



I hope I was able to help



If so I would very much appreciate getting a positive rating