The Trainer’s Right to Terminate during the Probation Period
In Germany, the trainer has the right to terminate the apprenticeship (Ausbildung) during the probation period without stating reasons. This probation period allows both parties to verify whether the apprenticeship (Ausbildungsverhältnis) meets their expectations. However, a written termination by the trainer is mandatory to ensure the legality of the dismissal.
Notice Period during the Probation Period
A key characteristic of the probation period is that no notice period needs to be observed. The termination can therefore be issued to the apprentice (Auszubildender) at short notice, which often occurs in practice when significant suitability deficiencies or behavioral problems arise.
Requirements and Formalities
Termination during the probation period does not require any special justification but must be in writing. Oral terminations are not legally effective. The trainer should ensure that the termination is delivered to the apprentice (Auszubildender) in a timely manner to avoid misunderstandings.
Legal Consequences of Termination during the Probation Period
For the apprentice (Auszubildender), termination during the probation period means that the apprenticeship (Ausbildungsverhältnis) ends with immediate effect. Since the probation period provides a special legal framework, the apprentice has no special protection against dismissal during this phase. Therefore, there are fewer obstacles for the trainer to end the apprenticeship (Ausbildungsverhältnis) if there are concerns regarding the apprentice’s suitability.
Resuming a Training (Ausbildung) after Termination
After a termination by the trainer, the former apprentice (Auszubildender) has the opportunity to seek a new training (Ausbildung) position. Many vocational professions offer the possibility to apply for additional training (Ausbildung) placements even after a probation period termination. Termination during the probation period generally has no significant impact on future career paths, as it is considered a normal part of the probation phase in the German training (Ausbildung) landscape.