Duration of the Probation Period
The duration of the probation period must be at least one month and may not exceed four months. The exact duration is individually specified in the vocational training (Ausbildung) contract and may vary depending on the profession and training company. A shortening or extension of the probation period is only possible in exceptional cases and under certain conditions. For example, the probation period may be extended if the trainee has been ill for a longer period or was absent for other important reasons.
Termination during the Probation Period
During the probation period, the vocational training (Ausbildung) contract can be terminated by either party at any time without stating reasons. This termination must be in writing, and there is no need to adhere to a notice period. The reason for termination does not have to be specified, allowing both parties a flexible conclusion. However, care must be taken that the termination, even during the probation period, is not arbitrary or discriminatory. If a trainee is terminated during the probation period, they can seek advice from the responsible chamber.
Goals of the Probation Period
The probation period aims to provide both the training company and the trainee with the opportunity to determine whether their mutual expectations are met. During this time, the training company can assess whether the trainee possesses the necessary qualities such as motivation, willingness to learn, and discipline. The trainee, on the other hand, can evaluate whether the training conditions, the content of the vocational training (Ausbildung), and the working environment meet their expectations. Both parties should ensure that the training can also be successfully conducted in the long term.
Legal Framework Conditions
The regulations for the probation period in the vocational training (Ausbildung) contract are established in the Vocational Training Act (BBiG). A reduction of the probation period below the minimum duration of one month is not permissible, as this would contradict legal requirements. Likewise, an extension beyond the four-month upper limit is not allowed unless special circumstances such as longer illness phases exist. Violations of these legal regulations can result in the probation period or subsequent termination being considered ineffective.
Termination of the Vocational Training (Ausbildung) Contract after the Probation Period
After the probation period has ended, the vocational training (Ausbildung) contract becomes binding and can only be terminated under certain conditions. A regular termination after the probation period is only possible with a notice period of four weeks and only for important reasons, for example, if the trainee wishes to abandon the training or decide on a different profession. The training company, on the other hand, can terminate the contract only for serious reasons such as gross misconduct. Therefore, the probation period holds significant importance, as the decision concerning the future training relationship is made here.
Extension of the Probation Period
An extension of the probation period beyond the legally established maximum duration of four months is only permissible in exceptional cases. An extension is possible if the trainee was absent from the company for an extended period due to illness or other significant reasons. In this case, the extension must be agreed upon in writing. However, the extension may only occur for the duration that the trainee was actually absent. An automatic extension of the probation period without a written agreement is not legal.
Obligation to Assess
The training company is obliged to carry out a professional and personal assessment of the trainee during the probation period. This includes not only evaluating the technical performance but also assessing the social and personal competencies of the trainee. Feedback during the probation period should be constructive and honest to provide guidance to the trainee and to identify any deficiencies. Regular feedback meetings during the probation period are advisable to discuss mutual expectations and the progress of the vocational training (Ausbildung).
Support Options during the Probation Period
To optimally introduce trainees into the training period, many companies offer special introductory programs or mentoring models during the probation period. These measures aim to help the trainee integrate better into the company and understand the expectations of the training. A structured onboarding program as well as open communication can help ensure that the probation period is successful and any uncertainties or misunderstandings are clarified promptly.
Changing the Training Company after the Probation Period
If the trainee or the training company finds that the training should not continue in the current company, it is possible to change the training company after the probation period. A change is particularly advisable if the training company is unable to convey the necessary training content or if there are interpersonal conflicts. In such a case, the trainee should promptly contact the responsible chamber for support in finding a new training position.
Protection against Abuse of the Probation Period
The probation period should not be misused as a means of temporarily employing trainees. The training company must not repeatedly employ trainees on a short-term basis during the probation period without any long-term intention to take them on. Misuse of the probation period may lead to scrutiny by the relevant chamber and, if necessary, sanctions. Trainees who feel that the probation period is being abused should contact the relevant Chamber of Commerce (IHK) or Chamber of Crafts (HWK).