Probationary period, termination and deadlines - this also applies to foreign employees

If you employ a foreign skilled worker, the following apply with regard to Probationary period, termination and deadlines In principle, the same labor law provisions apply to foreign employees as to domestic employees. Here are the most important points for you as an employer:

1. probationary period

The trial period offers both sides the opportunity to get to know each other and to check whether the collaboration is a long-term fit.

• Duration: As a rule, up to six months (§ 622 BGB). Shorter periods are possible, longer periods only in exceptional cases.
• Notice period during the probationary period: Two weeks, without giving reasons.

Tip: The probationary period should be expressly regulated in the employment contract - including the shortened notice period.

2. termination after the probationary period

At the end of the probationary period, the regular notice periods pursuant to § 622 BGB apply:

• For the employee: 4 weeks to the 15th or the end of the month
• For the employer: deadlines are extended depending on the length of service (up to 7 months for over 20 years of service)

Note: The following also apply to foreign skilled workers general rules on protection against dismissalif the Dismissal Protection Act (KSchG) is applicable (from 10 full-time employees and at least 6 months of employment).

3. special information for foreign skilled workers

• Residence permit: The employment contract and employment ends automatically if the legal basis for employment (e.g. residence permit) ceases to exist - this may be the case, for example, if a visa is refused. A corresponding note should therefore be included in the contract.
• Protection against dismissal during the recognition phase: If the specialist is still in the process of having their qualification recognized, the regular employment law provisions also apply - there is no "special regulation".

German employment law applies to foreign employees No special termination rights or deviating deadlines - the protection is identical to that for domestic employees. This makes it all the more important clearly formulated employment contractwhich clearly regulates both the probationary period and the termination modalities.