→ Back to home🤝 Work culture

Probezeit Ausbildung: Your Trial Period Rights and What to Expect in Germany

2024-10-30

Learn how the Probezeit Ausbildung trial period works, how long it lasts, termination rules, and how to protect your rights as a trainee in Germany.

Starting your Ausbildung in Germany is exciting — but the first few months come with rules that many international trainees don't fully understand. The Probezeit Ausbildung trial period is a legally defined phase at the beginning of every apprenticeship, and knowing your rights during this time can save you from a nasty surprise. Whether you're just arriving from Morocco or already settled in Munich or Hamburg, this guide breaks down exactly how the trial period works, what your employer can and cannot do, and how to navigate it confidently.

What Is the Probezeit in an Ausbildung?

The Probezeit (trial period) is the opening chapter of every German apprenticeship contract. It's the phase where both you and your employer get to decide whether the training relationship is a good fit. Think of it as a mutual test drive — you're evaluating the company just as much as they're evaluating you.

This period is governed by § 20 of the Berufsbildungsgesetz (BBiG) — Germany's Vocational Training Act. The law sets clear boundaries on how long the trial period can last and what either side can do during it.

How Long Does the Probezeit Last?

The Probezeit must last at least one month and no more than four months. Most Ausbildung contracts set it at exactly three months, which has become the standard across industries like retail, healthcare, IT, and hospitality.

Your employer cannot legally extend the Probezeit beyond four months, even if you were sick for part of it. Some trainees mistakenly believe absences automatically extend the trial — this is not true under BBiG unless a very specific exception applies and it's written into your contract.

Practical example: If your Ausbildung starts on 1 September 2024, a standard three-month Probezeit ends on 30 November 2024. From 1 December 2024 onward, you have significantly stronger job protection.

Termination During the Probezeit: What the Law Actually Says

This is the part that surprises most trainees. During the Probezeit, both parties can terminate the training contract at any time, without giving a reason (ohne Grund). That means your employer can end your Ausbildung in week two simply because they feel it's not working — and you can do the same.

This sounds harsh, but it works both ways. If you decide after four weeks that the company is not a good fit, you can walk away without having to justify yourself.

The 2-Week Notice Rule — and When It Doesn't Apply

Even during the Probezeit, there is no notice period (Kündigungsfrist) required by law. Termination can be immediate — effective the same day, if both parties agree or if there is a serious cause.

However, many Ausbildung contracts include a voluntary 2-week notice clause during the trial period. Always check your individual contract. If your contract says "zwei Wochen Kündigungsfrist während der Probezeit," then both sides must give two weeks' notice before the termination takes effect.

After the Probezeit ends, the rules change dramatically:

• You can only be terminated for a specific, documented reason
• Your employer must give you 4 weeks' written notice
• Termination without cause after the Probezeit is legally invalid

Your Rights During the Probezeit Ausbildung Trial Period

Just because the employer can terminate more easily doesn't mean you have zero rights. Several important protections still apply during the trial period.

You Must Receive Proper Training

The purpose of the Probezeit is to assess fit — not to use you as free cheap labour. Your employer is legally obligated to train you according to the Ausbildungsrahmenplan (training framework plan) from day one. If you're spending your first three months cleaning the warehouse or doing tasks unrelated to your trade, that is a violation you can report to the Industrie- und Handelskammer (IHK) or Handwerkskammer (HWK).

You Must Be Paid

Your Ausbildungsvergütung (training allowance) is due from the first day, including during the Probezeit. As of 2024, the minimum training allowance in Germany is € 649 per month in the first year (set by the Mindestausbildungsvergütungsgesetz). Many companies pay more — IT Ausbildung trainees in Frankfurt often earn €800–€1,000/month even in their first year.

You Are Entitled to a Beurteilung (Performance Review)

You have the right to receive feedback on your performance. What counts as fair feedback? It should be:

• Specific — relating to actual tasks or behaviour
• Timely — not saved up for termination day
• Documented — ideally in writing or noted in your training record (Berichtsheft)

If your employer only ever tells you "it's fine" and then terminates you at the end of week ten, you can challenge whether proper training supervision took place — though reversing a Probezeit termination is still difficult in practice.

Sick Leave During the Probezeit

If you get sick, you must notify your employer before your shift starts (or as early as possible) and submit a Krankenschein (sick note from a doctor) on the first day of illness, or by the third day — check your contract as rules vary. Illness does not automatically end your Probezeit, but repeated absences could give your employer grounds to terminate, so make sure everything is documented properly.

What Counts as Unfair or Illegal Termination?

Even during the trial period, some terminations are prohibited by law:

• Discriminatory termination — ending your contract because of your nationality, religion, gender, or disability is illegal under the Allgemeines Gleichbehandlungsgesetz (AGG)
• Termination due to pregnancy — a pregnant trainee cannot be dismissed during or after the Probezeit; this protection kicks in automatically when the employer is informed
• Retaliation termination — if you reported a safety violation or contacted the IHK, your employer cannot legally terminate you as punishment

If you believe your termination falls into one of these categories, contact the Antidiskriminierungsstelle des Bundes (Federal Anti-Discrimination Agency) or speak to a Gewerkschaft (trade union) like ver.di or IG Metall. Many unions offer free legal advice to apprentices.

Common Pitfalls — What People Get Wrong About the Probezeit

1. "I can't be fired without notice." Wrong. During the Probezeit, immediate termination is possible unless your contract specifically includes a notice clause.

2. "My illness extended my Probezeit." Not automatically. Only if your contract explicitly says so, and only under very specific conditions.

3. "Verbal promises count." They don't in German law. If your Ausbilder (trainer) told you verbally that everything is fine, that holds no legal weight. Get feedback in writing.

4. "I can quit without any consequences." Mostly true during Probezeit, but check your contract for any clause about repaying training costs — this is sometimes included and may be enforceable.

5. "The Probezeit can be 6 months." No. Four months is the absolute legal maximum. If your contract says six months, that clause is invalid under BBiG, and the Probezeit automatically ends at four months.

6. "I don't need to attend Berufsschule during the Probezeit." False. Berufsschule (vocational school) is compulsory from the first week of your Ausbildung, trial period or not.

How to Make the Most of Your Probezeit

Here's what actually works during these critical first weeks:

• Ask for feedback proactively — don't wait for your employer to come to you. Request a short weekly or biweekly check-in
• Keep your Berichtsheft (training record) up to date — it's your paper trail
• Note everything — if your trainer gives you feedback (positive or negative), write it down with the date
• Build relationships — in German workplace culture, showing up reliably and communicating problems early is valued highly
• Use your Berufsschule network — other trainees in your class may have faced similar issues and can point you to union resources or the IHK

If things feel wrong early — tasks don't match the training plan, you're being bullied, or communication is poor — contact the IHK or HWK hotline sooner rather than later. Waiting until after termination makes everything harder.

Conclusion

The Probezeit Ausbildung trial period is a short but pivotal window. It gives both you and your employer the flexibility to test the relationship, but it comes with real legal structure — minimum duration of one month, maximum of four months, no mandatory notice period unless your contract says otherwise, and zero tolerance for discriminatory termination. Understanding these rules puts you in a much stronger position, whether you're trying to succeed in your apprenticeship or recognising when something is going wrong.

If you're preparing your application documents or need help crafting a strong Anschreiben before your Ausbildung begins, Book a consultation with our specialist and use our Anschreiben Generator to move to Germany with confidence.