Notice period during probation: how to count the 2 weeks

How long is the notice period during probation?

The statutory notice period during probation is 2 weeks. This is set out in Sec. 622 (3) BGB, and the rule applies both ways: you can give notice with 2 weeks, and so can your employer. Three conditions must be met:

1. A probationary period has been agreed. It does not arise automatically. It must be in the employment contract or follow from an applicable collective agreement.
2. It lasts no more than 6 months. If the probationary period is longer, the short notice period only applies during the first 6 months.
3. The notice is received during probation. When the employment ends does not matter.

Unlike after probation, there is no fixed termination date. The employment does not end on the 15th or at the end of the month, but exactly when the 14 days have passed, even on a Wednesday or a Sunday. Until then you work as normal and receive your pay.

How to count the 14 days correctly

The law has two rules, one for the start and one for the end.

Start of the period: receipt counts, not the date on the letter

The period only starts once the notice has reached the recipient. The day of receipt itself is not counted (Sec. 187 (1) BGB). The 14 days therefore start on the following day.

When has notice been received?

• Handed over in person: immediately, on handover.
• Put in the letterbox: on the day on which the letterbox would normally be emptied after the usual delivery time. If a messenger posts the letter late in the evening, receipt may only take place the next day.
• Registered mail requiring a signature: If only a delivery notice is left in the letterbox, the notice has not yet been received.

The date in the letterhead and the postmark do not matter. Whoever gives notice must prove receipt. Write down the day and keep the envelope.

End of the period: same weekday two weeks later

A period counted in weeks ends at the end of the day of the last week that has the same name as the day of receipt (Sec. 188 (2) BGB). Put simply: received on a Monday, ends on the Monday two weeks later at midnight. Arithmetically, the last day is always the date of receipt plus 14.

Typical counting mistakes:

• Counting the day of receipt: The period then ends one day too early.
• Counting 15 days: If you count 14 more days from the following day, you end up one day too late.
• Counting working days: All calendar days count.
• Rounding up to the end of the month: The law does not require this during probation, but a later date may be chosen voluntarily.

What about weekends and public holidays?

Nothing special. According to the Federal Labour Court, Sec. 193 BGB, which moves deadlines to the next working day, does not apply to notice periods. If the last day falls on a Sunday or on 25 December, the employment ends on that day.

Receipt of notice and end of employment

Notice received	Period starts	Last day of employment	Note
Monday, 16 November 2026	Tuesday, 17 November 2026	Monday, 30 November 2026	Basic case: same weekday
Friday, 20 November 2026	Saturday, 21 November 2026	Friday, 4 December 2026	Starting at the weekend changes nothing
Friday, 11 December 2026	Saturday, 12 December 2026	Friday, 25 December 2026	Ends on a public holiday, no postponement
Thursday, 17 December 2026	Friday, 18 December 2026	Thursday, 31 December 2026	Ends at the end of the year
Wednesday, 23 December 2026	Thursday, 24 December 2026	Wednesday, 6 January 2027	Public holiday in some federal states such as Bavaria, no postponement
Monday, 15 February 2027	Tuesday, 16 February 2027	Monday, 1 March 2027	February with 28 days, no end of month needed

All dates calculated under Sec. 187 (1) and Sec. 188 (2) BGB.

Counting backwards: Desired last day minus 14 days gives the latest day of receipt. For an end on 31 December 2026, that is 17 December 2026.

Does the 2-week period always apply?

No. The 2 weeks are the statutory rule for an agreed probationary period. The contract, a collective agreement and special rules can differ.

No probationary period agreed

Without a probationary period in the employment contract or collective agreement, the basic notice period of 4 weeks to the 15th or to the end of a month applies from the first day (Sec. 622 (1) BGB). How notice periods continue after probation is explained in our guide on notice periods for employees.

Longer period in the contract, such as 4 weeks: is that allowed?

Yes. Longer notice periods may be agreed in the employment contract (Sec. 622 (5) sentence 3 BGB), including for probation. However, the period for you must not be longer than the period for your employer (Sec. 622 (6) BGB). If the contract mentions a probationary period and elsewhere a longer notice period, without making clear what applies during probation, the longer period may already apply during probation.

Shorter period than 2 weeks

Generally not in the employment contract. The law only allows shorter periods in a collective agreement (Sec. 622 (4) BGB) or for temporary help of no more than 3 months (Sec. 622 (5) sentence 1 no. 1 BGB).

Collective agreements and the public sector

A collective agreement may contain its own rules on probation. Under the TVöD, the first 6 months count as probation (Sec. 2 (4) TVöD), and the notice period during that time is 2 weeks to the end of the month (Sec. 34 (1) sentence 1 TVöD). If notice is received on 20 November 2026, the 2 weeks end on 4 December, but the employment only ends on 31 December 2026.

Vocational training and probation over 6 months

In vocational training, probation lasts 1 to 4 months (Sec. 20 BBiG), and both sides can give written notice at any time during this period without a notice period (Sec. 22 (1) and (3) BBiG). If the employment contract provides for probation of more than 6 months, the 2-week period only applies until the end of the 6th month.

Which notice period applies when?

Situation	Notice period	Termination date	Legal basis
Probation agreed, no more than 6 months	2 weeks	any day	Sec. 622 (3) BGB
No probation agreed	4 weeks	to the 15th or end of month	Sec. 622 (1) BGB
Probation over, less than 6 months in the business (waiting period)	4 weeks	to the 15th or end of month	Sec. 622 (1) BGB
Probation longer than 6 months, from the 7th month	4 weeks	to the 15th or end of month	Sec. 622 (1) and (3) BGB
Longer period in the employment contract	contractual period	as per contract	Sec. 622 (5) sentence 3 and (6) BGB
Public sector (TVöD), first 6 months	2 weeks	to the end of the month	Sec. 34 (1) sentence 1 TVöD
Vocational training, probation 1 to 4 months	no notice period	at any time	Sec. 22 (1) BBiG
Temporary help up to 3 months	shorter period can be agreed	as per contract	Sec. 622 (5) sentence 1 no. 1 BGB

Probation and waiting period: why 6 months matter

The probationary period is an agreement and determines the notice period. The waiting period is set out in the Protection Against Dismissal Act (KSchG): it only protects you after more than 6 months (Sec. 1 (1) KSchG) and only in businesses that normally have more than 10 employees (Sec. 23 (1) KSchG). Before that, your employer does not need a reason for dismissal.

Three examples for a start on 1 June 2026:

• No probation: 4 weeks to the 15th or end of month, without a reason until the end of November 2026.
• 3 months' probation: 2 weeks until the end of August, then 4 weeks to the 15th or end of month, without a reason until the end of November.
• 6 months' probation: probation and waiting period run in parallel; up to and including 30 November 2026, 2 weeks apply without a reason.

Dismissed during probation: is the dismissal valid?

Dismissal during probation often comes without warning, without a formal warning and without a reason. That is allowed. It is still invalid if one of these rules has been breached.

For severely disabled people, the employer does not need the consent of the Integration Office in the first 6 months (Sec. 173 (1) sentence 1 no. 1 SGB IX).

Do I still have to work after being dismissed?

Yes, until the last day, and your employer pays you until then. If you are released from work, you still receive your pay. Holiday also accrues during probation; for short employment, one twelfth of the annual holiday per full month (Sec. 5 (1) BUrlG). Holiday you can no longer take is paid out (Sec. 7 (4) BUrlG); more on this under remaining holiday on dismissal.

These deadlines are now running

• Register as a jobseeker: If there are less than 3 months until the end, within 3 days of learning of it (Sec. 38 (1) SGB III). Otherwise there is a risk of a 1-week benefit suspension (Sec. 159 (1) sentence 2 no. 9, (6) SGB III).
• Unfair dismissal claim: It must reach the labour court within 3 weeks of receipt (Sec. 4 KSchG), even during probation, for example if you rely on pregnancy or a missing works council consultation. If notice was received on Monday, 16 November 2026, the deadline for the claim ends on Monday, 7 December 2026. More in our guide on the unfair dismissal claim.
• Do not sign anything hastily: Have a termination agreement reviewed first; it can trigger a benefit suspension.
• Documents: You are entitled to a reference (Sec. 109 GewO) and the employment certificate for the employment agency (Sec. 312 SGB III).

Giving notice yourself during probation

You can leave just as quickly as your employer can let you go, without a reason. What matters:

• Form: in writing, on paper, with a handwritten signature (Sec. 623 BGB).
• Proof of receipt: hand it over in person and have receipt confirmed with a date, or have it delivered by a messenger who knows the content.
• Unemployment benefit: Without good cause and without a follow-up job, there is usually a risk of a benefit suspension of up to 12 weeks (Sec. 159 (1) sentence 2 no. 1, (3) SGB III).

If the notice clause in your contract is unclear, have it checked beforehand, for example through written advice from our employment lawyer at a fixed price.

Summary dismissal during probation

It is possible for both sides, under the same conditions as otherwise: good cause and notice within 2 weeks of learning of the reason (Sec. 626 BGB). Because the ordinary notice period is only 2 weeks anyway, it is rarely necessary. More in our guide on summary dismissal.

For employers: giving notice correctly during probation

• Receipt before the end of probation: For a start on 1 June 2026 and 6 months' probation, the notice must be received by 30 November 2026 at the latest. The employment then ends on 14 December 2026.
• Allow time for the works council: It has 1 week to raise concerns (Sec. 102 (2) sentence 1 BetrVG). The notice must still be able to reach the employee during probation afterwards.
• Form and receipt: signed by hand by a person authorised to dismiss, with an original power of attorney in case of representation; handover with confirmation of receipt or by messenger.
• Check special protection: pregnancy, parental leave, works council membership.

Our employment lawyer also advises employers on probation clauses and planned dismissals.