Termination Of Employment Letter Within Probationary Period Template for Germany

When you need to terminate an employee during their probationary period in Germany, you must use a properly structured termination letter that complies with strict German employment law requirements. This document differs significantly from standard termination letters because probationary periods operate under special legal provisions that reduce both notice requirements and employee protections.

When do you need this document?

You need this termination letter when ending employment within the first six months of an employee's contract, during what German law defines as the probationary period (Probezeit). This applies whether you're terminating due to poor performance, cultural misfit, skills mismatch, or simply because the working relationship isn't meeting expectations. The document becomes essential when you've determined that continuing the employment would not be beneficial for either party, and you want to exercise your right to terminate with minimal notice during this evaluation period.

Key legal considerations

Several critical legal elements must be included in your termination letter. The written form requirement under § 623 BGB means you cannot terminate via email or verbal communication - only original signatures on paper documents are legally valid. You must specify the exact last working day, accounting for the notice period which is typically two weeks during probation unless your employment contract specifies otherwise. If your company has a works council, you must consult with them before issuing the termination under § 102 BetrVG, even during probationary periods. The letter should reference the specific probationary period clause in the original employment contract to establish the legal basis for the shortened notice period.

Legal requirements in Germany

German employment law imposes specific requirements that your termination letter must meet. Under the German Civil Code § 622, the standard notice period during probation can be reduced to two weeks if agreed upon in the employment contract. The Protection Against Dismissal Act (KSchG) doesn't apply during the first six months, meaning you don't need to provide justification for the termination - however, you still cannot terminate for discriminatory reasons. Your letter must be dated, signed by an authorized company representative such as the Geschäftsführer, and delivered personally or by registered mail. Include details about final pay, unused vacation days, return of company property, and any post-employment obligations. Remember that even during probation, terminations must respect fundamental rights and cannot violate anti-discrimination laws under the General Equal Treatment Act (AGG).