Probezeit in Frankfurt: Two Weeks' Notice, the Six-Month Wait and What Still Protects You Before Day 181
In a Frankfurt job a Probezeit can last up to six months, and during an agreed Probezeit either side can end the contract with two weeks' notice (§ 622 Absatz 3 BGB). The general dismissal protection law, the Kündigungsschutzgesetz, applies only after six months in the same workplace and only if the employer generally has more than ten employees. Even in the weak early period some protections stay: a termination must be written and signed, discrimination and pregnancy still count, and the three-week deadline to sue still runs. For a claim, the Arbeitsgericht Frankfurt am Main (Gutleutstraße 130) has a Rechtsantragstelle on the first floor that helps you file, Monday, Tuesday and Thursday 9:00 to 11:30 and Wednesday 12:30 to 14:30.
Probezeit and Wartezeit: Two Clocks, Not One
When people say they are on probation in Germany, they usually mean two different things at once. They are worth separating, because they have different rules.
| Probezeit | Wartezeit (waiting period) | |
|---|---|---|
| Where it comes from | Your contract or a collective agreement | The Kündigungsschutzgesetz itself |
| Length | Up to 6 months (§ 622 Absatz 3 BGB) | 6 months without interruption (§ 1 KSchG) |
| What changes | Notice is 2 weeks for both sides | Until it ends, the dismissal protection law does not apply |
| If your contract is silent | No Probezeit, no 2-week rule | It still runs |
§ 622 BGB gives employees four weeks’ notice, to the 15th or the end of a calendar month, as the basic rule. During an agreed Probezeit of at most six months, either side may end the contract with two weeks’ notice. Absatz 3 names no fixed termination date, unlike Absatz 1’s 15th or month-end. The same rule works for you: if the job is not what you expected, you can leave on two weeks’ notice.
Who the Kündigungsschutzgesetz Covers
§ 1 KSchG makes a dismissal ineffective if it is socially unjustified, but only for an employee whose employment has lasted longer than six months without interruption in the same workplace or company. A dismissal is socially justified only if it rests on reasons relating to the person, reasons relating to conduct, or urgent operational needs, and the employer must prove the facts. Before the six months are over, you cannot use that route.
The second condition is size. § 23 KSchG excludes workplaces that generally employ ten or fewer people, if you started after 31 December 2003. Trainees are not counted, and part-timers count as 0.5 up to 20 hours a week and 0.75 up to 30 hours. For a Frankfurt office that is a branch of a larger group, the statute speaks of the Betrieb, the workplace unit, so ask an adviser how your case is counted.
In short, you need both: more than six months and more than ten employees. If either is missing, the employer does not have to show a justified reason.
What Still Protects You in the First Six Months
The law is thin, not empty.
| Protection | What the source says |
|---|---|
| Written form | A termination needs written form and the electronic form is excluded (§ 623 BGB) |
| Pregnancy and after birth | Dismissal is prohibited during pregnancy and for at least four months after birth (§ 17 MuSchG) |
| Discrimination | A dismissal that discriminates on a ground in § 1 AGG is void even where the KSchG does not yet apply (BAG, 6 AZR 190/12) |
| Deadline to sue | Three weeks from receipt of the written termination (§ 4 KSchG) |
On discrimination: in its judgment of 19 December 2013 the Bundesarbeitsgericht held that an ordinary dismissal that discriminates on a ground listed in § 1 AGG is void, even where the Kündigungsschutzgesetz does not yet apply. The case concerned a dismissal in the waiting period of an employee with a symptom-free HIV infection. The court did not decide the dismissal itself and sent the case back, but the principle is what matters: the absence of dismissal protection does not make discrimination lawful.
On pregnancy, § 17 MuSchG covers a woman during pregnancy and at least four months after birth, and the protection applies if the employer knew or if she informs the employer within two weeks of receiving the notice.
The Three-Week Rule
The most important number in this guide is three. § 4 KSchG says that to claim a termination is socially unjustified or invalid for any other reason, you must file a claim at the Arbeitsgericht within three weeks of receiving the written termination. That includes claims that a termination breaks a pregnancy or discrimination rule. If a termination needs official approval, the period starts when the authority’s decision reaches you. A claim filed late can be admitted only under narrow conditions, so do not plan on it.
Treat the date the letter reached you as day one. Write it down, keep the envelope, and count three weeks.
Frankfurt: Where the Fight Happens
Labour disputes in Frankfurt go to the Arbeitsgericht Frankfurt am Main, Gutleutstraße 130, 60327 Frankfurt, phone 069 15047-0. Its district covers 27 municipalities including Frankfurt, Bad Homburg, Oberursel, Bad Soden, Bad Vilbel and Kelsterbach. From the Hauptbahnhof, leave on the south side next to track 1, walk along Mannheimer Straße to Familie-Jürges-Platz and follow the signs. The walk takes about 5 to 10 minutes.
You do not have to hire a lawyer to start. The court’s Rechtsantragstelle on the first floor helps you file, for example a Kündigungsschutzklage.
| Item | Detail |
|---|---|
| Opening hours | Monday, Tuesday, Thursday 9:00 to 11:30. Wednesday 12:30 to 14:30 |
| Where | First floor |
| Bring | The filled-in forms, or fill them in there, plus employment contract, termination letter, payslips, warnings, certificates, and copies |
| E-mail filing | Not possible |
| Language | If your German is not sufficient, bring a person you trust who speaks both languages |
| Not offered | General advice on labour law, which is for lawyers, unions and employers' associations |
Three more details from the court’s pages are worth knowing. The Güteverhandlung, the first hearing aimed at a settlement, usually takes 15 to 20 minutes. Hearings are generally public, so you can sit in on one beforehand. A filing box next to the main entrance takes documents at any time, and items put in before midnight count as received that day, for deadline-bound documents where electronic filing is not required.
If money is tight, the Rechtsantragstelle page says low-income applicants can ask the Amtsgericht Frankfurt am Main for a Berechtigungsschein for a legal consultation, at the Beratungshilfe office in Hahnstraße 25, building G, second floor, room 215. It also names the Frankfurter Anwaltsverein’s information desk, which gives labour-law information for a fee of 15 euros.
After a Dismissal: The Agentur für Arbeit
Do this on the same day you learn the end date. § 38 SGB III requires you to register as a job-seeker within three days of learning the end date if less than three months remain, even if you plan to challenge the dismissal in court. Under § 159 SGB III, a late registration can lead to a one-week Sperrzeit, during which unemployment benefit is not paid. Registering as a job-seeker is separate from the claim for benefit itself.
If you are on a work-related residence permit, tell an adviser about the dismissal quickly, because your permit may depend on the job. The Frankfurt guide on a spouse’s job search and the permit work right covers one common case.
Step by Step
- Check your contract.Is there a Probezeit clause, and how long is it?
- Check the form.A paper letter with a signature. Note the date it reached you.
- Count three weeks.That is your deadline to file at the Arbeitsgericht.
- Register as a job-seekerwith the Agentur für Arbeit within three days.
- Get advice the same week.A lawyer, a union or the court's Beratungshilfe route.
- Collect documents.Contract, payslips, any warnings, messages about why you were let go.
- File at the Rechtsantragstelle (Gutleutstraße 130) or by post, never by e-mail.
Compliance Note
This page explains the general framework of §§ 622 and 623 BGB, the Kündigungsschutzgesetz and related rules, and the Arbeitsgericht Frankfurt am Main as described on official pages in October 2026. It is not legal advice. Deadlines in dismissal cases are short and absolute in practice, and the outcome depends on your contract, your employer’s size and your circumstances. Talk to a lawyer, a union or another advice service as soon as you receive a termination.
FAQ & Common Pitfalls
Can my employer dismiss me in the Probezeit without giving a reason?
In most cases the law does not require a reason during an agreed Probezeit, because the Kündigungsschutzgesetz does not apply before six months. § 622 Absatz 3 BGB lets both sides end the contract with two weeks' notice during an agreed Probezeit of up to six months. The reason is not required, but some reasons are forbidden. A dismissal that discriminates, that targets a pregnancy, or that otherwise breaks a specific protection can still be invalid, and the form rules also apply.
Is the Probezeit the same as the six-month waiting period?
No. The Probezeit is something agreed in your contract or a collective agreement, and § 622 Absatz 3 BGB caps it at six months. The Wartezeit in § 1 Absatz 1 KSchG is a legal period: the dismissal protection law applies only after the employment has lasted more than six months without interruption in the same workplace or company. A contract with no Probezeit clause does not get the two-week rule, but the Wartezeit still runs. A Probezeit shorter than six months does not shorten the waiting period.
Does the Kündigungsschutzgesetz apply if my employer is small?
Only if there are more than ten employees. § 23 KSchG excludes businesses with ten or fewer employees for people who started after 31 December 2003. Trainees are not counted, and part-timers count as 0.5 up to 20 hours a week and 0.75 up to 30 hours. The statute speaks of the Betrieb, the workplace unit, so ask an adviser how your case is counted if you work in a small branch of a bigger group.
My employer sent the termination by e-mail. Is that valid?
Normally no. § 623 BGB says a termination of an employment relationship needs written form and that the electronic form is excluded. A termination should therefore be a signed paper letter. Even if you believe the form is wrong, do not just ignore it: the three-week deadline in § 4 KSchG covers claims that a termination is socially unjustified or invalid for other reasons, and it runs from receipt of the written termination. Whether a message that fails the form rule starts that clock is a question for a lawyer, so the safe course is to act within three weeks of receiving it. Get advice quickly.
I just learned I am pregnant and I received a termination. What now?
§ 17 MuSchG prohibits dismissing a woman during pregnancy and until the end of the protection period after birth, at least four months. The protection applies if the employer knew about the pregnancy, or if you tell the employer within two weeks of receiving the termination. A late notice is excused if you were not at fault and you inform the employer promptly. The state labour protection authority can exceptionally approve a dismissal in special cases unrelated to the pregnancy. Do the telling in writing and get advice at once, because the three-week deadline for suing still applies.
Do I need to tell the Agentur für Arbeit when I am dismissed in the Probezeit?
Yes, and quickly. § 38 SGB III requires you to register as a job-seeker at the latest three months before the employment ends, or within three days of learning the end date if less than three months remain. The duty applies even if you plan to challenge the dismissal in court. Registering is separate from claiming unemployment benefit. Ask the Agentur für Arbeit which routes (online, phone or in person) it currently accepts for the registration.