Termination probationary period sample

Would you like to terminate your contract during the probationary period or have you received a notice of termination and are looking for a sample?

Here you will find free sample letters of termination for the probationary period - from both the employee's and the employer's perspective. Please note: A sample is always just a starting point. Each letter of termination must be adapted to the specific circumstances of your employment relationship. Attorney Martin Reichelt will be happy to advise you individually.

Termination probationary period sample - Employee

You can use the following template if you are a Employees wish to terminate your employment relationship during the probationary period. Adapt the marked positions to your situation:

[Your first and last name]
[Your street and house number]
[Postcode town]

[Name of the employer]
[Street and house number]
[Postcode town]

[Place], [date]

Cancellation of my employment contract

Ladies and Gentlemen,

I hereby terminate the employment relationship existing between us, established by the employment contract dated [date of employment contract], subject to the notice period of two weeks within the probationary period as of [Date of desired end].

Alternatively, I hereby give notice of cancellation with effect from the next possible date.

Please confirm receipt of this cancellation and the date of termination in writing.

Please provide me with a qualified reference.

Yours sincerely

[Handwritten signature]
[First and last name in block capitals]

Important notes on the sample:

• The cancellation must In writing with an original handwritten signature (§ 623 BGB). Cancellation by e-mail, fax, SMS or WhatsApp is not permitted. Ineffective.
• The alternatively cancellation on the next possible date protects you if you have calculated the end date incorrectly.
• Always request a qualified certificate of employment - you are entitled to this even after a short period of employment.
• Let the Confirm receipt - either by a confirmation of receipt on a copy or by witnesses.

Termination probationary period sample - Employer

As an employer, you must comply with certain formal requirements when giving notice of termination during the probationary period. Pay particular attention to the works council consultation and any special protection against dismissal. The following sample serves as a guide:

[Company name / company letterhead]
[Street and house number]
[Postcode town]

[First and last name of the employee]
[Street and house number]
[Postcode town]

[Place], [date]

Termination of the employment relationship

Dear Mrs/Mr [surname],

We hereby terminate the employment relationship with you, established by the employment contract dated [date of employment contract], with due observance of the notice period within the probationary period with effect from [Date].

Alternatively, we cancel the contract at the next permissible date.

Please confirm receipt of this letter on the enclosed copy.

We would like to point out that you are obliged to register as a jobseeker with the Employment Agency without delay (§ 38 Para. 1 SGB III). The obligation to register exists regardless of whether the continuation of the employment relationship is asserted in court.

Yours sincerely

[Signature of the authorised representative]
[Name and function in block capitals]

Important information for employers:

• Before cancelling, check whether a Special protection against dismissal (pregnancy, parental leave, severe disability, works council membership) - details can be found on our page Cancellation during the probationary period.
• Is there a Works Council, the employee must be consulted prior to the dismissal (Section 102 BetrVG). Without proper consultation, the dismissal is invalid.
• The notice of cancellation must be Authorised representative be signed. Enclose an original power of attorney if necessary.
• The Reference to the reporting obligation with the Employment Agency is required in accordance with § 2 Para. 2 No. 3 SGB III.

Formal requirements for termination during the probationary period

Regardless of whether you are an employee or an employer, the following formal requirements must be observed when giving notice of termination during the probationary period:

1. written form (§ 623 BGB)

The termination of an employment relationship requires the Written form. That means:

• The letter of cancellation must be Paper available
• It must signed by hand be (no scanned signature, no facsimile)
• The electronic form (e-mail, fax, SMS, WhatsApp, Teams) is expressly excluded
• A cancellation that is not formally valid is void - it has no effect whatsoever

2. receipt of the cancellation

The cancellation shall not take effect until it has been received by the approaches. The following principles apply to access:

• Personal handover: The cancellation is sent immediately. Have the receipt confirmed on a copy or hand over the letter in front of witnesses.
• Drop it in the letterbox: The notice of cancellation is received when the letterbox is next expected to be emptied - usually on the same day before the usual postal time (if posted by around 4 pm), otherwise on the next working day.
• Registered mail: A registered letter with acknowledgement of receipt proves delivery. A registered letter proves posting. A simple registered letter is sufficient not as proof of receipt if the recipient does not collect it.
• By messenger: The messenger can confirm receipt as a witness. Recommended: The messenger reads the letter beforehand and confirms posting.

Tip: Choose the most secure method - personal delivery with confirmation of receipt or delivery by a messenger who knows the contents of the letter.

3. period of notice during the probationary period

The notice period during the probationary period is two weeks (Section 622 (3) BGB). In contrast to the regular notice period, notice of termination on any day possible - not only on the 15th or at the end of the month.

Receipt of the cancellation	End of the employment relationship
1 March	15 March
10 March	24 March
15 March	29 March
20 March	3 April

Attention: Check your employment contract and any collective agreement for deviating notice periods. Some collective agreements also provide for longer notice periods during the probationary period.

Common mistakes when cancelling during the probationary period

In practice, we repeatedly encounter the same mistakes that can render a termination during the probationary period ineffective:

1. Cancellation by e-mail or WhatsApp: The most common source of error. Without a handwritten signature on paper, the cancellation is null and void.
2. Incorrect deadline calculation: The two-week period begins on the day after receipt of the notice of cancellation (Section 187 (1) BGB). One day too late - and the regular notice period of four weeks applies.
3. No probationary period agreed: Unless expressly agreed in the employment contract, there is no probationary period. The regular notice periods apply from the beginning.
4. Probationary period already expired: Notice of termination must be received within the (maximum six-month) probationary period, not just given.
5. Works Council not consulted: The works council must also be consulted in the event of a probationary period termination (Section 102 BetrVG).
6. Special protection against dismissal overlooked: Pregnant women, works council members and employees on parental leave also enjoy special protection during the probationary period.
7. No proof of access: Without proof of receipt, the recipient can claim never to have received the cancellation.

What should you do if you have received notice of termination during your probationary period?

If you receive notice of termination during your probationary period, you should Act immediately. Even if the Dismissal Protection Act does not yet apply in the first six months, there are numerous reasons why a probationary period termination may be invalid.

Your most important steps:

1. Keep the notice of cancellation: Note the date and time of access
2. Contact a lawyer immediately: The deadline for an action for protection against dismissal is only three weeks from receipt - this period cannot be extended
3. Register as a jobseeker: Register with the employment agency immediately to avoid any suspension periods
4. Check employment contract: Has a probationary period actually been agreed? Is there an applicable collective labour agreement?
5. Request a certificate: Even after a short period of employment, you are entitled to a qualified reference

Lawyer Martin Reichelt will examine your dismissal comprehensively and advise you on all options for action - from an action for protection against dismissal to negotiating a severance pay through to securing a good reference.

Frequently asked questions

Do I have to give a reason for a termination during the probationary period?

No - neither the employee nor the employer has to give a reason for ordinary dismissal during the probationary period. The Dismissal Protection Act only applies after six months. Only in the case of termination without notice must there be good cause.

Can I simply use a cancellation template from the Internet?

A template is a good starting point, but must be adapted to your specific situation. Different requirements may apply, particularly in the case of collective labour agreements, special protection against dismissal or fixed-term contracts. If in doubt, you should have the letter checked by a Employment law attorney have it checked.

What happens if the notice period was calculated incorrectly?

A cancellation with an incorrectly calculated deadline is not automatically invalid. As a rule, it is interpreted in such a way that it takes effect on the next possible permissible date. If the letter contains the wording „alternatively on the next possible date“, you are on the safe side.

Am I entitled to unemployment benefit after being dismissed during my probationary period?

In principle, yes, provided you have fulfilled the qualifying period (at least 12 months of employment subject to social insurance contributions in the last 30 months). However, there is a risk of a blocking period of up to 12 weeks if you resign. Seek advice in advance to avoid a blocking period.

This article is intended to provide general information and does not replace individual legal advice. For advice tailored to your case, please contact Lawyer Martin Reichelt in Dresden.