(Bundesarbeitsgericht (BAG)) recently ruled that there are no rigid limits on the proportionality of the duration of a probationary period for fixed-term employment contracts, and that the limit depends on the individual case (judgment of October 30, 2025 – 2 AZR 160/24). The BAG’s opinion answers a question that local and regional courts have been wrestling with since the introduction of Section 15 (3) of the German Part-Time and Fixed-Term Employment Act (TzBfG).

Quick Hits

• On October 30, 2025, the Federal Labor Court of Germany ruled that probationary periods in fixed-term contracts must be proportionate to the duration and type of work, with no rigid limits.
• The Federal Labor Court upheld a four-month probationary period for a one-year fixed-term contract, considering it is proportionate due to a sixteen-week training plan.
• The Federal Labor Court clarified that even if a probationary period is deemed inadmissible, the six-month waiting period after which the termination restrictions under the German Termination Protection Act which remains unaffected.

Background

The employee was hired as an “Advisor I, Customer Service,” on a fixed-term contract for one year. The parties had agreed on a probationary period of four months in the employment contract, during which the employment relationship could be terminated with two weeks’ notice. The employer terminated the employment relationship during the probationary period in accordance with the two-week notice period. The...

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