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Termination

"During the probationary period you can be sacked any time."

You are still in the probationary period and the boss threatens dismissal at any time.

§ 22 Abs. 1 BBiG / § 20 BBiG

This is allowed
True — but the probationary period is limited to 1–4 months!
During the probationary period, the training relationship can be terminated by both sides at any time without notice and without giving reasons (§ 22 (1) BBiG). BUT: the probationary period must be between 1 and 4 months (§ 20 BBiG) — longer is impermissible. Once the probationary period is over, the company can only terminate for good cause. Dismissals due to discrimination are prohibited even during the probationary period (§ 7 AGG). Even during probation, notice must be given in writing — via WhatsApp or email it is invalid (§ 22 (3) BBiG).

What the law says

§ 20 BBiG – Probationary period
The training relationship begins with the probationary period. It must be at least one month and no more than four months.
§ 22 (1) BBiG – Termination during the probationary period
During the probationary period, the training relationship can be terminated at any time without notice.

What you can do

  1. Note the end of the probationary period (4 months after the start of the contract = at the latest).
  2. Termination must be IN WRITING — verbal is ineffective (§ 22 (3) BBiG, § 623 BGB).
  3. In case of an AGG violation (discrimination): the termination is contestable, damages are possible.
  4. The JAV / works council can be consulted on terminations (§ 102 BetrVG).
Email template for your trainer

More cases: Termination