Many employment contracts contain a probationary period. This is a period in which both the employer and the employee can terminate the collaboration without notice or grounds for dismissal. However, strict rules apply, and as an employee, you do have certain rights.
In this article, we discuss the rules surrounding the probationary period, what your rights are and what to watch out for if you are dismissed during probation.
What is a probationary period?
The probationary period is a short period at the beginning of an employment contract in which both parties can see if they are happy with the collaboration. During this period, the employer may dismiss you without a dismissal procedure, and you may also quit without notice.
How long can a probationary period last?
The length of the probationary period depends on the type of contract:
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Contract less than 6 months → no probationary period allowed.
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Contract 6 months to 2 years → maximum 1 month.
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Contract 2 years or longer → maximum 2 months.
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Indefinite term (permanent contract) → maximum 2 months.
👉 A longer probationary period is not valid, even if you sign it yourself.
Dismissal during probation
During the probationary period, the employer may dismiss you without reason. However, there are significant limitations:
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There can be no discrimination (for example, on the basis of gender, age or origin).
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You cannot be dismissed because of illness, pregnancy or union membership.
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Your employer must notify of the dismissal immediately.
Your rights during dismissal in probation
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You have the right to payment for days worked.
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You retain the right to a transition allowance if you have been employed for at least 2 years (in the case of dismissal after extension).
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In some cases, you retain the right to a unemployment benefit (depending on work history and circumstances).
Examples from practice
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Example 1: An employee with a 5-month contract was given a 1-month probationary period. This was invalid: a probationary period is not allowed for contracts shorter than 6 months.
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Example 2: An employee was dismissed during the probationary period due to pregnancy. In such a case a court may rule that this is discrimination and awarded damages.
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Example 3: An employee quit during the probationary period. He had no notice period and was able to start immediately at a new job.
Probation and dismissal checklist
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📑 Check whether the probationary period is legally valid.
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📅 Note the maximum duration (1 or 2 months).
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⚖️ Dismissal should not be discriminatory.
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💶 Demand payment for hours worked and vacation days.
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📝 Have your contract checked in case of doubt.
Common mistakes
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Thinking that a probationary period is always allowed (even for short contracts).
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Accepting a too long probationary period without knowing that this is invalid.
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Believing that dismissal during the probationary period cannot be contested.
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Not seeking legal advice in case of doubt.
Frequently asked questions (FAQ)
1. Can my employer dismiss me without reason during the probationary period?
Yes, but not on discriminatory grounds.
2. Can I quit myself during the probationary period?
Yes, this can be done without notice.
3. What if the agreed probationary period is too long?
Then the probationary period is invalid and normal dismissal rules apply.
4. Do I have the right to unemployment benefits after dismissal during the probationary period?
This depends on your employment history and the reason for dismissal.
5. Can I claim compensation for invalid dismissal during probation?
Yes, for example in cases of discrimination or invalidly agreed probationary period.
Why choose Arslan Lawyers?
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Check if your probationary period has been agreed upon validly
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Support with conflicts about dismissal during probation
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Prompt to sue for damages in case of invalid dismissal
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Protect your rights at the start of your career
Conclusion
A probationary period offers both employer and employee flexibility, but it has clear boundaries. Dismissal during the probationary period is often allowed, but not in case of discrimination or an invalid agreement. Always have your contract checked to avoid losing your job unjustifiably.
Frequently Asked Questions
Can my employer dismiss me during the probationary period without any reason?
Yes, during the probationary period, your employer can dismiss you without providing a reason, but the dismissal must not be discriminatory or based on protected grounds like illness or pregnancy. The employer must also notify you immediately of the dismissal.
How long can a probationary period legally last?
The maximum duration of a probationary period depends on your contract length: up to 1 month for contracts between 6 months and 2 years, and up to 2 months for contracts of 2 years or longer, including indefinite contracts. Longer probation periods are not valid even if you agree to them.
What rights do I have if I am dismissed during my probation?
You are entitled to payment for days worked and, in some cases, a transition allowance if you’ve been employed for at least 2 years. You may also be eligible for unemployment benefits depending on your work history and circumstances.
What should I do if I believe my dismissal during probation was discriminatory?
You should seek legal advice to review whether your dismissal was discriminatory or violated your rights. If discrimination is proven, you may be entitled to damages, and legal action can help protect your rights.
