Termination
"We're extending your probation by three months."
Shortly before probation ends, the company wants to extend it.
§ 20 BBiG / § 25 BBiG
The boss may NOT do that
Four months maximum — extension only after a long interruption.
Probation must last at least one and at most four months (§ 20 BBiG). A longer probation or an extension beyond four months is not allowed, and agreements to that effect are void (§ 25 BBiG). Case law recognises only one exception: if the training was substantially interrupted during probation (e.g. long illness, more than a third of the probation) and the contract says it is then extended, it can run longer by the length of the interruption. "We're not sure yet" is not enough. After probation, the company can only terminate for good cause.
What the law says
§ 20 BBiG – Probation
The training relationship begins with probation. It must be at least one month and at most four months.
§ 25 BBiG – Mandatory
An agreement deviating from these provisions to the trainee's disadvantage is void.
What you can do
- Work out when your probation ends according to the contract.
- Do not sign an extension if there was no long interruption.
- Ask what specifically should be improved — and work on it.
- If unsure: call the IHK/HWK training advisers.
Email template for your trainer
Subject: Extension of probation
Dear [name of trainer],
you have suggested extending my probation until [date]. Under § 20 BBiG probation may last at most four months; an agreement beyond that is void under § 25 BBiG.
I am happy to talk with you about what I can improve in my training.
Kind regards
[Your name]
More cases: Termination
- One more time and you're out!
- You're getting a warning!
- Just sign here…
- A reference? You don't need that!
- During the probationary period you can be sacked any time.
- Late once → dismissal without notice!
- Sue if you like, you don't stand a chance.
- Passed? Keep working for now, the contract will come later.
- After the training you stay with us for two years — it's in the contract.
- You want to quit? It's not that easy.
- You're fired. — via WhatsApp
- Being kept on? You have no right to that.
- You're ill too often — we have to part ways.
- Pregnant during your training — that doesn't work here.
- The company is bankrupt — what happens to you?