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)
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
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