Court's verdict on extended termination: ruling concerning individuals with severe disabilities

In the heart of Bensberg, law firm Bietmann has been providing expert advice on employment law since 2019. Founded 30 years ago by Prof. Dr. Rolf Bietmann, the firm now operates from a central location, offering qualified work in tax consulting throughout the Rhineland-Bergisch region.

One of the key figures at Bietmann is Constantin Martinsdorf, a lawyer specialising in employment law and copyright and media law. He is a valuable contact for anyone seeking clarity on employment-related matters, particularly in the context of new and "old" media.

When it comes to employment, it's essential to understand the probation period, or waiting period, which is the first six months of an employment relationship. During this time, the Protection Against Dismissal Act does not apply, meaning employers have more flexibility in terminating employment contracts. However, this does not mean that terminations during the probation period are without consequence. They should be checked carefully to ensure lawfulness.

Employees also have less job security during the probation period, but they can terminate the contract more easily if they find the job is not suitable. It's worth noting that employees have a claim to a barrier-free workplace from the beginning of their employment, and disabled employees are protected from discrimination during the probation period.

Recent court rulings have shed light on the specifics of terminations during the probation period. In early April 2025, the Federal Labor Court ruled that an employer is not required to conduct a prevention procedure before terminating an employee during the probation period, if the Protection Against Dismissal Act does not apply. Yet, the judge who extended this decision is not named in the provided information.

The timing of a termination notice is crucial. The time of receipt of the notice, not the effective date, counts for the probation period. This means that a termination can be issued on the very last day of the probation period, as long as the notice of termination reaches the employee by that day.

Terminations during the probation period should still be handled with care, as employees may have grounds for dispute. It's always advisable to seek professional legal advice to ensure all procedures are followed correctly.

In summary, understanding the probation period and its implications is crucial for both employers and employees. With the right advice and careful consideration, both parties can navigate this period successfully. For further questions or advice, Bietmann law firm stands ready to help.