Federal Labor Court Facilitates Terminations in Short-Term Employment Relationships - Berlin Court Rules on Reasonable Probation Periods in Fixed-Term Contracts
A former customer advisor in Berlin has won a case against her former employer, challenging the length of her probationary period. The Berlin-Brandenburg State Labor Court ruled in her favor, determining that a three-month probationary period would have been reasonable for her one-year contract.
The employee, who worked on a fixed-term contract for a specific project, argued that a four-month probationary period was disproportionately long. The court agreed, clarifying that a shortened probationary period does not reduce the statutory six-month waiting period before the Protection Against Unfair Dismissal Act applies.
The employer presented a detailed 16-week onboarding plan, justifying a slightly longer probationary period. However, the court ruled that this did not warrant an extension beyond three months. The Federal Labor Court (BAG) has previously stated that the length of a probationary period depends on the individual case.
The employee's contract was terminated after three and a half months with three weeks' notice. The court's decision sets a precedent for reasonable probationary periods in fixed-term contracts, ensuring they do not exceed the statutory waiting period for unfair dismissal protection.
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