Workplace note · 27 January 2026

Probation and notice periods: three clauses people read too quickly

Probezeit, Kündigungsfrist, and contract duration interact, but they do not all answer the same question.

Open law book with reading glasses and notes

A start date and salary naturally attract attention in a new employment contract. The clauses governing how the relationship can end deserve the same care.

The probation clause

A contract may agree a Probezeit, often with a shorter statutory notice framework during that period. Read its stated length and avoid assuming that every other protection or contractual promise is suspended until it ends.

The notice-period clause

Look for the notice required from each side, whether contractual wording changes with length of service, and whether termination must align with the middle or end of a month. The exact calculation can matter when planning a move, and legal requirements can override or supplement contract language.

A fixed end date

A Befristung addresses duration, not simply probation. A fixed-term agreement may end on an agreed date without ordinary notice unless the contract or applicable rules provide otherwise. The validity and extension of fixed terms can raise specialist legal questions.

Questions worth asking before signature

  • Is the role permanent or fixed-term, and where is that stated?
  • What notice applies during and after probation?
  • Does the same notice burden apply to employee and employer?
  • Is ordinary termination allowed during a fixed term?
  • Do a collective agreement or referenced policy affect these clauses?

This is one area where a copied translation may hide an important distinction. Read the original wording, note the cross-references, and obtain legal advice where timing or enforceability is decisive.