German labor law requires works council involvement for probationary terminations

Under German labor law, employers must involve the works council even when terminating an employee during their probationary period. While the first six months of employment allow for easier termination without the specific justifications required by the Protection Against Dismissal Act, the presence of a works council necessitates a formal hearing.

Volker Görzel of the Verband deutscher ArbeitsrechtsAnwälte (VDAA) notes that a termination may be legally contested if the works council is not properly consulted. Employers are required to explain the reasoning behind the decision to the council. Simply using vague terms such as ‘probationary period termination’ or ‘probation period not passed’ without further explanation may be insufficient.

The level of detail required depends on the nature of the dismissal. If the termination is based on a subjective assessment, such as an employee not meeting expectations, the requirement for detail is relatively low. However, if the decision is based on specific incidents, such as unexcused absences, those facts must be explicitly presented to the works council.