Table of Contents
Definition of a trial employment relationship
The trial employment relationship offers employers and employees who have concluded an employment contract the opportunity to get to know each other. It can be designed in two ways:
Is the employment relationship limited to a maximum of six months?
The employment relationship is concluded for a limited period - for a maximum of six months - and converted into a definitive employment relationship by express agreement. If it is continued after the deadline with the knowledge of the employer, it is considered to be extended indefinitely, unless the employer objects immediately in accordance with Section 625 of the German Civil Code (BGB). Ordinary termination is excluded for the duration of a temporary trial employment contract, but extraordinary termination is possible.
The employment relationship is concluded for an indefinite period, whereby a trial period is agreed upon, with which the employment relationship begins. Their length is to be agreed in the employment contract. unless they are covered by a collective agreement or in a company agreement is fixed. It is usually for:
- industrial workers four weeks
- Employees up to three months
- senior executives and specialists six months
The employment relationship can be terminated during the probationary period in accordance with Section 622 (3) of the German Civil Code (BGB) with the statutory minimum notice period of two weeks, provided that the probationary period does not exceed six months.
A statutory minimum probationary period of one month is mandatory in the apprenticeship, which can be extended to a maximum of three months (Section 13 BBiG). During the probationary period, the apprenticeship can be terminated without notice at any time (Section 15 (1) BBiG), afterwards only for good cause.