Germany: the break in the trial period can be objected to under three weeks

According to a decision from the Federal Labour Court (Bundesarbeitsgericht) passed on June 28, 2007 (6AZR 873/06), employees in a trial period who want to protest against the termination of the employment contract have to do so under three weeks. The Supreme Court thus adapted its jurisprudence to the new version of the law concerning protection against lay-offs (Kündigungsschutzgesetz), which came into effect on January 1, 2004. (Ref. 070594)
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

During the trial period (“Wartezeit”), an employee can have its contract broken with no reason. Indeed, the law concerning protection against layoffs only applies to employees who finished their trial. However, an employee trying out can also object to the break in the contract if the employer did not respect the “time period” planned for that or if he/she forgot to inform the works council (if the company has one). Yet, until now, whereas employees permanently hired had three weeks to object t

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
EU: social partners in telecoms sign joint statement on AI
On 16 December, the social partners in Europe's telecommunications sector unveiled a joint statement on artificial intelligence. They propose an action plan for skills and commit to raising...
18 December 2025
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Spain: new terms and conditions for in-company training contracts
On 25 November, Spain's Council of Ministers approved a regulation on training contracts. This text defines the terms and conditions for hosting work-study students and interns doing professional...
2
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
3
Germany: apprenticeship openings fall sharply in manufacturing and chemicals
From 1 January 2026, Dutch collective agreements for temporary employment agencies will alter the employment conditions of temp workers. Agencies will be required to pay these workers at least the...