Can an employer unilaterally reduce the time for the probationary period?
Real news: Your boss tells you that your trial period is done way sooner than expected, but what if you want to switch jobs?
Sometimes employers end your probationary period earlier than planned. This might not be great news for employees, especially if they're exploring other job options.
Employees might be concerned about extending their notice period - would they have to stay longer?
Jürgen Markowski, a labor law attorney in Offenburg, warns of unilateral shortening. He says employers can't just cut the probationary period unilaterally. "Since it's about an agreement in the employment contract, it only works with consent from both parties."
Shortening can't change notice period length
So, if your boss suddenly says the probationary period is over, don't assume your notice period is longer. "At most, this is a unilateral waiver by the employer," says Markowski. Employees can still quit with their reduced notice period, usually just two weeks.
"Be careful," Markowski says. "If you feel safe after being told the probationary period is over or shortened, remember the protection against dismissal doesn't kick in until after six months." Dismissal Protection Act comes into play only after six months of employment.
Waiting period and probationary period are different
The waiting period is the first six months of any employment contract. In this time, either party can end it without needing a reason or legal review. It's called the waiting period. "It doesn't matter if there's a contractually agreed probationary period or not, you can still part ways with your boss or employee if something's not working out."
In contrast to the probationary period where you can reduce your notice to minimum of two weeks, the notice period during the waiting period is typically four weeks to the 15th calendar day or the end of a calendar month, as dictated by law.
