German Employers Face New Legal Traps in First Six Months of Employment
Published on 07/25/2026 at 23:51 | Redaktion boerse-global.de
The first half-year of an employment relationship is widely seen as a trial period where either side can walk away with minimal fuss. Recent rulings from Germany’s Federal Labour Court (BAG) have shattered that assumption, creating a minefield of obligations and procedural requirements that employers ignore at their peril.
Delivery Proof No Longer Relies on Postal Scans
A key issue is proving that a dismissal letter actually arrived on time. In a decision dated May 7, 2026 (case reference 2 AZR 184/25), the BAG ruled that Deutsche Post’s previous scanning procedure for registered mail did not constitute prima facie evidence of delivery. The problem: postal workers were digitally recording deliveries before physically dropping the letters into mailboxes.
Deutsche Post has since updated its system with “Delivery Documentation Version 4.0,” which now generates confirmation only after the physical drop-off. Whether this will hold up in court remains uncertain. Labour lawyers continue to advise companies to hand over termination notices in person with witnesses present, or use a courier service, especially for time-sensitive documents such as invitations to a company reintegration management process (bEM).
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Special Protections Start on Day One
While the general protection against unfair dismissal under German law only kicks in after six months, certain groups enjoy safeguards from the very first day. The BAG ruled on April 3, 2025 (2 AZR 178/24) that employers do not yet have to conduct a formal prevention procedure under Book IX of the Social Code before dismissing a severely disabled person within the first six months.
But the right to suitable, disability-adapted employment exists immediately. If a termination violates the prohibition of discrimination under the General Equal Treatment Act (AGG), it can be invalid even during the probationary period. Legal experts urge employers to assess individual workplace requirements from the outset.
Mass Layoff Paperwork Errors Prove Costly
Large-scale restructurings carry particular risks. A BAG decision from March 19, 2026 (2 AS 22/23) made clear that dismissals can be void if the mandatory mass layoff notification to the Federal Employment Agency is missing or improperly filed.
Telefónica Germany (O2) is currently grappling with this reality. In July 2026, the company announced plans to cut around 1,100 full-time positions by year-end. It has set aside €265 million in restructuring provisions and is leaning heavily on voluntary departure programmes. The goal: avoid compulsory redundancies and the legal uncertainties they bring.
There is also fresh guidance on post-dismissal leave. On March 25, 2026 (5 AZR 108/25), the BAG clarified that blanket leave clauses in employment contracts are often unenforceable. Employers must demonstrate a compelling interest in placing an employee on leave in each individual case — for instance, to lawfully reclaim a company car or other benefits.
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Right to a Detailed Reference Letter After Six Months
A common flashpoint arises when an employee is dismissed on the last day of their probationary period. Some employers refuse to issue a qualified reference letter, arguing that six months is too short to assess performance.
Employment lawyers push back. Even after half a year of service, workers are entitled to a detailed reference that evaluates both conduct and performance. This holds especially true if positive feedback was given during the probationary period or if the dismissal resulted from internal restructuring rather than poor suitability.
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