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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 17494
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

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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?
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

I hope I was able to help
If so I would very much appreciate getting a positive rating

Should anything have remained unclear, please do not hesitate to ask
Claudia Schiessl and other German Law Specialists are ready to help you
Customer: replied 4 years ago.

Is this even with the employees agreement?

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