Is there an upper limit for the probationary period in fixed-term employment contracts?

Open-ended employment contracts usually stipulate a probationary period of six months. But what rules apply to short-term, fixed-term employment contracts? Is there a permissible upper limit for the duration of the probationary period? The Federal Labour Court has now addressed this question (BAG, judgement of 30 October 2025, ref.: 2 AZR 160/24) .

Probationary period voluntary and maximum six months

Probationary periods are common in employment relationships, although they are not mandatory. According to Section 622 (3) of the German Civil Code (BGB), the maximum duration is six months.

During this period, the employment relationship can be terminated with two weeks’ notice. If nothing has been agreed, the employment relationship begins without one. In this case, the normal statutory notice periods apply from the outset. As a general rule, the maximum duration of the probationary period can also be fully utilised for simple tasks (BAG, judgement of 24 January 2008, ref.: 6 AZR 519/07).

This raises the question: if the entire possible probationary period is also possible for simple tasks, does this also apply to short, fixed-term employment contracts? Or must the duration be proportionate to the length of employment?

The current case before the BAG

The BAG dealt with this question in the case of a woman who was employed on a fixed-term contract for one year in customer service. Her employment contract stipulated a probationary period of four months and a notice period of two weeks.

The employer terminated the employment contract within the agreed probationary period, and the employee took legal action. She argued that the probationary period was too long for such a short employment relationship. She claimed that the longer statutory notice period should therefore apply.

The decision

The woman won her case before the Higher Labour Court (LAG): the probationary period may not exceed 25% of the contract term, in this case three months, according to the court. The termination would only take effect at a later date.

The BAG took a different view. According to Section 15 (3) of the Part-Time and Fixed-Term Employment Act (TzBfG), the length of the probationary period must ‘be proportionate to the expected duration of the fixed-term contract and the nature of the work’. The law does not define a fixed benchmark.

The BAG therefore ruled:

• The appropriateness of the probationary period depends on the specific fixed-term employment relationship.
• The total duration of the fixed term and the type of work are decisive factors in determining appropriateness.

In this specific case, the BAG considered a four-month probationary period for a one-year fixed-term contract to be reasonable.

The reason: a 16-week induction plan had been agreed. Full operational capability was only expected after completion of this phase.

Set a reasonable probationary period

With this ruling, the BAG strengthens employers’ interests in an appropriately long probationary period: they can also agree probationary periods in fixed-term contracts that last longer than, for example, 25% of the total contract term. There is no rigid limit – such as three months for a one-year contract.