Probationary Period in Fixed-Term Employment

This article is presented by BRG Rechtsanwälte, Berlin, Germany – Your Employment Law Attorney in Germany

Is there a fixed upper limit for the duration of the probationary period in fixed-term employment relationships?

No, there is no fixed upper limit. The Federal Labour Court (BAG) clarified in its ruling of 30 October 2025 (Case No. 2 AZR 160/24) that no rigid limitation exists for the probationary period. Rather, what is decisive is whether the duration of the probationary period is proportionate in each individual case.

Can a probationary period of four months be permissible for an employment contract fixed for one year?

Yes, this can be lawful. In the decided case, the employer had presented a detailed onboarding plan spanning 16 weeks, which corresponded exactly to the agreed probationary period. The BAG assessed the four-month probationary period for a twelve-month fixed term as proportionate and therefore valid.

Didn’t the Regional Labour Court (LAG) Berlin-Brandenburg want to establish a maximum limit?

Yes, the LAG had initially decided differently. It took the view that the probationary period should be a maximum of 25 percent of the fixed-term duration – in this case, three months instead of four. However, the BAG rejected this rigid rule and partially overturned the judgment.

According to what criteria is the proportionality of the probationary period assessed?

The BAG applies a case-by-case assessment. In doing so, the duration of the fixed term and the nature of the activity must be weighed against each other. Factors such as the complexity of the onboarding and the time until productive deployment play an important role.

What does this ruling mean in practice?

Employers have more flexibility in structuring probationary periods in fixed-term employment relationships. However, they must be able to substantiate the agreed probationary period duration with factual reasons, for example through a structured onboarding plan. An arbitrary establishment of long probationary periods remains inadmissible.