Notice period and probation in Germany: tech contracts (2026)

The statutory notice period in Germany is four weeks, ending on the 15th or the last day of a calendar month. During an agreed probation period (Probezeit) of up to six months, either side can end the contract with just two weeks’ notice. After that, the notice the employer must give grows with your length of service, up to seven months after 20 years, and your contract can set longer periods for both sides. A non-compete clause that applies after you leave is only binding if the employer pays you compensation of at least half your last pay for each year it lasts, for a maximum of two years.

This guide explains the parts of a German employment contract that matter most to tech workers: probation, notice (Kündigungsfrist), how a termination must be made, dismissal protection, fixed-term contracts and non-compete clauses, plus what a job loss means for your visa. It covers German law; collective agreements and your own contract can change the details. It is general information, not legal advice. If you receive a termination, talk to a lawyer for employment law (Fachanwalt für Arbeitsrecht) or your union quickly, because some deadlines are only three weeks.

What a German employment contract must contain

Employers must give you the essential terms of your job in writing: the start date, place of work, job description, pay, working hours, holidays, the length of any probation period and the notice periods and procedure for termination, including the deadline for going to court over a dismissal (§ 2 Nachweisgesetz). Some terms must reach you by your first working day, others within seven days or one month.

The employer may also send these terms in text form, for example as a PDF by email, if you can save and print it and the employer asks you to confirm receipt (§ 2(1) NachwG). Many international tech companies send contracts for e-signature, which is normal.

Before you sign, check these clauses in particular. Our guide to negotiating a tech offer covers salary, bonuses and VSOPs.

Probation period in Germany (Probezeit)

The rules

• Maximum six months. The shortened notice applies during an agreed probation period of at most six months (§ 622(3) BGB).
• Two weeks’ notice, for both you and the employer, to any day (§ 622(3) BGB). There is no need to wait for the end of a month.
• No reason needed. The general protection against unfair dismissal only starts after six months of employment (§ 1(1) KSchG). During probation, the employer does not have to justify the termination, although discrimination is still forbidden.

Probation in a fixed-term contract

If your contract is fixed-term, a probation period must be proportionate to the expected length of the contract and the type of work (§ 15(3) TzBfG). A six-month probation in a seven-month contract may not hold up.

Probation period Germany: new rules?

Watch for the proportionality rule for fixed-term contracts above. The six-month maximum and two-week notice for ordinary contracts have not changed. A collective agreement can set different periods (§ 622(4) BGB).

Notice period in Germany (Kündigungsfrist)

Statutory notice periods

The basic notice period is four weeks to the 15th or the end of a calendar month (§ 622(1) BGB). If the employer gives notice, the period grows with how long you have worked there (§ 622(2) BGB):

These longer periods bind the employer only. By law, you as the employee can always leave with four weeks’ notice to the 15th or the end of a month, unless your contract says otherwise.

Contractual notice periods

Contracts often set a longer notice period for both sides after probation, for example three months to the end of a month. That is allowed, with one important limit: your notice period may not be longer than the employer’s (§ 622(6) BGB). Contracts may only set a shorter period than four weeks in narrow cases, such as temporary help or small employers with no more than 20 employees, and then not below four weeks (§ 622(5) BGB).

Notice period example

You have a contract with three months’ notice to the end of a month, after probation. You resign on 10 October. Your notice runs three months from that date and ends at the next month end: 31 January. If you had resigned on 30 September, your last day would be 31 December. So the date you hand in your letter matters.

This is why German employers ask about your notice period in interviews: a three-month notice period often means a start date three to four months away. You can ask your current employer for an earlier end by mutual agreement (Aufhebungsvertrag), but they don’t have to agree.

How to resign or be dismissed: the written form

A termination of an employment contract, by you or the employer, and a termination agreement are only valid in writing: on paper, with a handwritten signature. Email, chat messages, PDFs and e-signatures are not enough (§ 623 BGB).

In practice:

• Print your resignation, sign it by hand, and hand it over in person or send it so that you can prove when it arrived. The notice period starts when the letter is received.
• A Slack message or email from your manager saying “you’re let go” is not a valid termination. The notice period starts when the signed letter reaches you.

Dismissal protection (Kündigungsschutz)

After six months of uninterrupted employment, the Dismissal Protection Act applies: a dismissal is invalid if it is not “socially justified”, meaning it must be based on your conduct, your person (for example long-term illness) or urgent operational needs (§ 1 KSchG). For redundancies, the employer must also make a social selection based on length of service, age, maintenance obligations and severe disability (§ 1(3) KSchG).

Two limits matter:

• Small companies. The main protection does not apply in businesses with usually ten or fewer employees (§ 23 KSchG). Many early-stage startups are below this size.
• Three-week deadline. If you want to challenge a dismissal, you must file a claim at the labour court within three weeks of receiving the written notice (§ 4 KSchG). Miss it and the dismissal usually stands, even if it was unfair.

There is no general legal right to severance pay in Germany. Severance (Abfindung) is usually negotiated, often as part of a settlement after a claim is filed. Get advice before you sign anything.

Fixed-term contracts (befristeter Vertrag)

A fixed-term contract without an objective reason is allowed for up to two years, with up to three extensions within that time, but not if you have worked for the same employer before (§ 14(2) TzBfG). With an objective reason, such as covering parental leave or a first job after studying, longer terms are possible (§ 14(1) TzBfG).

A fixed-term contract can only be terminated early with notice if the contract or a collective agreement allows it (§ 15(4) TzBfG). Check for this clause: without it, you may be locked in until the end date. If you keep working after the end date with the employer’s knowledge, the contract becomes permanent unless the employer objects straight away (§ 15(6) TzBfG).

For a Blue Card, the contract must run for at least six months; a shorter contract also shortens the card (BAMF).

Non-compete clauses in Germany

During employment

While you are employed, you may not compete with your employer in its line of business without consent (§ 60 HGB). Side projects and freelance work need care; many contracts also require you to ask before any paid side job. See freelancing as a developer in Germany.

After you leave (nachvertragliches Wettbewerbsverbot)

The rules of the Commercial Code apply to all employees (§ 110 GewO). A post-contractual non-compete:

• must be in writing, with a document signed by the employer handed to you (§ 74(1) HGB)
• is only binding if the employer pays compensation (Karenzentschädigung) of at least half of your last contractual pay for each year of the restriction (§ 74(2) HGB)
• may last no more than two years after the job ends (§ 74a(1) HGB)
• is not binding where it does not protect a legitimate business interest, or where it unreasonably blocks your career given the place, time or subject (§ 74a(1) HGB)

The employer can waive the non-compete before the job ends, but then still pays compensation for one year from the waiver (§ 75a HGB). If the employer dismisses you without a substantial reason in your person, you can declare in writing within a month that you are not bound, unless the employer offers to pay your full last pay during the restriction (§ 75(2) HGB).

Are non-compete clauses legal in Germany? Yes, but only with these conditions. A clause with no compensation is not binding on you. Clauses that only ban poaching customers or colleagues, or that protect confidential information, follow different rules; ask a lawyer if unsure.

Losing your job on a visa

If you hold a Blue Card or another work-based permit, a termination has extra consequences:

1. Tell the immigration office within two weeks that the employment for which your permit was issued has ended early (§ 82(6) AufenthG).
2. Your permit does not end automatically, but the office can shorten it when a key condition, such as your job, no longer applies (§ 7(2) AufenthG). Ask the office how long you have to find a new job.
3. Register with the Federal Employment Agency as a job seeker at least three months before your job ends, or within three days of learning about it if that is sooner (§ 38 SGB III).
4. Start your search early. Use visa sponsorship jobs and all jobs on the board; a new Blue Card job must again meet the salary threshold (EU Blue Card guide).

Job changes also affect the clock for permanent residence; see permanent residence and citizenship for Blue Card holders.

Checklist before you sign

• Probation: six months or less, two weeks’ notice
• Notice after probation: not longer for you than for the employer
• Fixed-term: can it be ended early?
• Non-compete: compensation of at least 50%, maximum two years
• Remote work and side jobs: written down? See the remote and hybrid guide
• Salary and benefits: compare with the salary after tax calculator

Frequently asked questions

What is the probation period in Germany?

A probation period (Probezeit) is an agreed trial phase of up to six months. During it, both you and the employer can end the contract with two weeks’ notice, and the employer does not need to give a reason because dismissal protection only starts after six months.

What is the standard notice period in Germany?

By law, four weeks to the 15th or the end of a calendar month. Employer notice grows with tenure, from one month after two years up to seven months after 20 years. Contracts often set three months for both sides, but your notice may never be longer than the employer’s.

What does Kündigungsfrist mean in English?

Kündigungsfrist means notice period: the time between giving notice (Kündigung) and the end of the employment. It applies whether you resign or the employer dismisses you.

Can I resign by email in Germany?

No. A resignation is only valid in writing on paper with your handwritten signature. Email and electronic signatures are not enough. Hand it over in person or send it so that you can prove the date it arrived, because the notice period starts then.

Is a 3-month notice period normal in Germany?

It is common and allowed, as long as the employer’s notice period is at least as long as yours. During probation, the two-week period still applies unless the contract sets something else that is permitted.

Are non-compete clauses enforceable in Germany?

Only if they are in writing, last no more than two years, protect a legitimate business interest and the employer pays compensation of at least half your last pay for each year. A post-contractual non-compete without compensation is not binding on you.

What happens to my Blue Card if I lose my job?

You must tell the immigration office within two weeks. The card does not end automatically, but the office can shorten it. Register as a job seeker with the Federal Employment Agency and look for a new job that meets the Blue Card conditions.