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when probzeit expires?

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Dear all

I have a contract from 1 January , and probzeit is 6 months .

When does probzeit expires

a. last day of July

b. last day of Juni ?

 

Is this prolongued if i took Paid vacation leave during this time ?

 

Thanx

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I thought exmployees are usually not allowed to take vacation during the Probezeit or is that just based on the company?

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6 minutes ago, Santitas said:

I thought exmployees are usually not allowed to take vacation during the Probezeit or is that just based on the company?

 

No one told me i cannot take :)

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Employees are not forbidden to take vacation during the Probezeit:

 

Quote

Ein generelles Urlaubsverbot in der Probezeit ist trotzdem nicht zulässig. Denn rein rechtlich erwirbt man jeden Monat 1/12 des Jahresanspruches auf Urlaub. Diesen kann man auch in der Probezeit schon nehmen. Der Arbeitgeber darf den Urlaub dann nur aus zwingenden betrieblichen Gründen verweigern, zum Beispiel wenn bereits viele andere Kollegen fehlen.

 

source

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3 hours ago, Santitas said:

I thought exmployees are usually not allowed to take vacation during the Probezeit or is that just based on the company?

 

It's common for people to say that and some people are certainly afraid to ask for time off or even call in sick during the probezeit. However it just depends on the company / manager. 

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I have been told that the probationary period is 3 months if there is labor union at the company, and 6 months if there isn't. But there are no threads suggesting that in TT. 

 

Is the information that i have been given incorrect?

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Yes.

True: Probezeit must not be longer than 6 months but contract can specify a lower one - or none at all. If it is not explicitly mentioned in the contract it might be part of a labor agreement. Then it is often - not always - 3 months.

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27 minutes ago, TurMech said:

Is the information that i have been given incorrect?

 

Kind of.  The maximum period of probation allowed by law is 6 months.  Some places have less, nowhere should have more. However even that isnt exactly true, many companies use befristet contracts as a way to have a kind of extended problation and I have also heard of people being fired at the end of their probation but with a last day 6 months in the future, which effectively extends the probaition to a total of 12 months.

 

Having a labour union does not in and of itself change the rules but it may be that they tend to negotiate something different.

 

FWIW aside from very junior roles everyone I know at every job I know has had exactly 6 months probezeit.

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I believe that my current contract stated that the probation of 6 months could be extended. However, just because someone put something in a contract doesn't make it legal. If my boss had tried to extend it and if I had taken him to court, we would have found out.

 

Another way to basically extend probation would be to do a 6 month contract and after that a new 6 month contract and possibly even a third one. Some companies start new employees on a fixed term contract as a rule. 

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So if someone has a 6 month probzeit and take last month of probzeit holiday and come back one the next day the 6 month period expired , he cannot be fired , since he was in holiday ... This doesnt make sense

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You are right - it doesn't make sense.

 

Herr Proband taking a month's holiday doesn't make time or the company clock stop for a month.

 

The idea is about as logical as a toddler covering their eyes and thinking nobody can see it. 

 

It wouldn't work in real life that way.

 

2B

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10 hours ago, TraceKira said:

So if someone has a 6 month probzeit and take last month of probzeit holiday and come back one the next day the 6 month period expired , he cannot be fired , since he was in holiday ... This doesnt make sense

 

If someone has a 6 month probezeit it's highly unlikely that he would be allowed to take a vacation for a month, because he hasn't earned that many vacation days. Aside from that, I am not aware of a law that says he can't be fired if he is on vacation. If the boss decides on the last day of probation that he doesn't need/want this guy, he is still on probation and it is still legal to fire him on that last day for any reason. He would have to be notified though which can be done legally via Einschreiben per einwurf. 

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3 hours ago, Krieg said:

You can even be fired while on a medical leave.

But only within Probezeit ? Correct?

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31 minutes ago, Abysmo said:

But only within Probezeit ? Correct?

 

No.

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34 minutes ago, Abysmo said:

But only within Probezeit ? Correct?

 

People can be asked to leave in Probezeit for no reason, this is true even if they are on sick leave. Under circumstances where people can be removed from a company (betriebsbedinkt for example) this can also happen on sick leave outside of the Probezeit.

 

I believe there is also some possibility with extended sick leave of becoming permanently arbeitsunfähig which is more like being pentioned off than fired.

 

The take home message is that being sick or on holiday is not some magic shield that prevents a person from losing their job.

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After the Probezeit a person can be fired during sick leave in certain circumstances. Being a reserve meber of the Betriebsrat and a representative for disabled people meant that it was virtually impossible for the company I was working for to fire me.

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They can fire you while on sick leave for "reasons not related to your medical problems".

But they can as well fire you for problems related with your health when it is something that is taking long time.

The conclusion is exactly what ZF just said, sick leave or holidays does not protect you from anything.

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