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Fired during probation? You have fewer rights — but more than you think. During the first six months, the Dismissal Protection Act usually does not apply and two weeks’ notice is enough. That is the part HR tells you. Here is the rest.
What still protects you
- Discrimination bans (AGG) apply from day one — a dismissal linked to pregnancy, origin, religion, disability or age is contestable even in probation.
- Special protection for pregnancy, severe disability and works council candidates applies regardless of tenure.
- Formalities still matter: written form, correct signature, works council consultation where one exists.
- Malicious timing (e.g. dismissal as retaliation for asserting your rights) can make a probation dismissal invalid.
Practical priorities
Register with the Agentur für Arbeit immediately (within 3 days of learning of the termination) to protect benefits, secure your reference letter, and have the notice checked — the three-week deadline for a claim applies here too.
Probation dismissal received? Free Quick Check — answer today.
