Lawyer probationary period Munich

IF YOU HAVE PROBLEMS DURING THE PROBATIONARY PERIOD

Specialised legal advice

IS TERMINATION ALWAYS POSSIBLE DURING THE PROBATIONARY PERIOD?

Contrary to popular belief, termination during the probationary period is not automatically valid and cannot be contested. Formal errors in particular can be used to defend against a termination during the probationary period. These include, for example, failure to comply with the notice period or termination by an unauthorised person. However, material errors such as discriminatory or punitive termination can also be used in proven individual cases.

Furthermore, the legislator has also left open a whole range of cases that are contrary to public policy or good faith in order to make terminations during the probationary period contestable. However, these must almost always be examined on a case-by-case basis.

TYPICAL LEGAL PROBLEMS DURING THE PROBATIONARY PERIOD

Termination during the probationary period

• Employers do not have to give a reason for termination during the probationary period.
• The notice period is usually shorter (legally: 2 weeks).
• Nevertheless, formal errors or discrimination (e.g. termination due to pregnancy, illness, religion, origin) are not permitted.

Protection against dismissal

• The Protection Against Dismissal Act often only applies after 6 months.
• However, there is also protection under other laws, e.g. maternity protection, protection for severely disabled persons, AGG (General Equal Treatment Act).

Illness during the probationary period

• Employees are entitled to continued payment of wages from the first day of work if they have been employed for more than 4 weeks.
• Some employers terminate employment in the event of illness during the probationary period – a lawyer will check whether this is legal.

Fixed-term contracts / termination agreements

• Sometimes employment contracts are only fixed-term ‘on a trial basis’ from the outset.
• A lawyer will check whether the fixed term is valid or whether you are entitled to a permanent employment relationship.
• In the case of termination agreements, they can protect you from disadvantages in terms of unemployment benefits.

HOW CAN A LAWYER SPECIFICALLY HELP WITH PROBLEMS DURING THE PROBATIONARY PERIOD?

• Reviewing the termination: Was the notice period observed? Was it given in writing (verbal termination is invalid)?
• Filing a lawsuit: Even during the probationary period, you can file an action for unfair dismissal within three weeks.
• Negotiating severance pay: If the employment relationship is ending anyway, a lawyer can often still obtain severance pay.
• Advice on ALG I / waiting period: Many people make mistakes when registering with the employment agency – early advice can help here.
• Discussions with the employer: A lawyer can moderate or balance out pressure.