Employee Safeguard: Equal Probationary and Waiting Periods for Job Security?
The probationary period is frequently mixed up with the waiting period, but there are substantial differences between them.
During a new job, individuals often concentrate on the probationary period; nevertheless, the probationary period is not the same as the waiting period. Labor attorney Jan Tibor Lelley emphasizes the distinction in the "AuA-Podcast" of the professional journal "Work and Labor Law."
The waiting period is considerably more significant, Lelley reveals. It derives from the Employment Protection Act (Section 1, paragraph 1). According to this stipulation, the statutory employment protection only applies after six months of membership with the company if it has more than ten employees. Employers can dismiss workers without providing reasons before this time expires. Additionally, there is no opportunity for legal review of terminations.
Optional Probationary Period
The probationary period is commonly optional at the start of an employment relationship. That is, employers and employees can agree to it, but they aren't obligated to. Employers and employees can use this time to examine the suitability of the employment arrangement.
If a probationary period is agreed upon, there is a significant connection to Paragraph 622 (Section 3) of the Civil Code, according to Lelley. "You can, in fact, arrange for a shorter notice period during the probationary period." The employment agreement can then be terminated by both parties with a two-week notice.
Anomalies for Apprenticeships
Probationary and waiting periods are often mentioned together due to their parallel appearance in new employment relationships. While the statutory employment protection always applies after the waiting period ends after six months, the length of the probationary period can be agreed upon by employers and employees. Conversely, the law stipulates a four-week termination period during the waiting period, either until the 15th calendar day or the end of a calendar month.
On the other hand, apprenticeship relationships have a unique circumstance. Here, a probationary period is legally required (Section 20 BBiG) - it must last for at least one month and not more than four months.
Read also:
- An employer seeking advice on handling legal issues related to an employee's vacation request during the probationary period might consult with an advisor to ensure compliance with labor law guidelines.
- Employees who have been with their employer for over six months and are facing potential judgments due to legal issues during their employment may have some protections under labor law, given the distinction between the probationary and waiting periods.
- In the face of legal challenges related to terminations before the waiting period ends, an employer should consider seeking guidance from an advisor on potential ways to avoid potential legal issues, such as negotiating shorter notice periods during the probationary period.
