Germany’s Labor Court Rejects Fixed Probation Quotas, Reaffirms Six-Month Dismissal Threshold

Overview

• Issued on October 30, 2025, the Bundesarbeitsgericht ruling (2 AZR 160/24) establishes that probation periods in fixed-term contracts must be assessed case by case.
• In the underlying Berlin dispute, a customer adviser on a one-year contract with a four-month probation was dismissed after three and a half months with three weeks’ notice.
• The judges upheld the four-month probation as proportionate because the employer presented a detailed 16-week onboarding and training plan.
• The court set aside the regional court’s implied 25% cap on probation length for fixed-term deals, rejecting any fixed numerical rule.
• The ruling clarifies that completing or shortening probation does not reduce the statutory six-month waiting period before dismissal protection and social justification requirements apply.