Ask a lawyer on the topic of Labor law

Probation period during parental leave

May 31, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Hello,

we are hiring an employee who is currently on parental leave and will be working part-time for us. How does this work with the probation period? Do we have the option to agree on a probation period?

Thank you and best regards

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your question as follows:

Formally, you could agree to a trial period with the employee in question, but this would not be beneficial. The purpose of a trial period is primarily to get to know each other and particularly to have the right to terminate the contract without stating a reason.

However, if the parental leave has already started, there is a legal protection against dismissal according to § 18 BErzGG, which also applies during the trial period.

I would like to point out the following:

The legal advice I have given is based solely on the information provided by you. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive review of the facts. Adding or omitting relevant information can lead to a completely different legal evaluation.

I hope that my explanations have been helpful to you. Feel free to ask if you need further clarification.

I hope I have answered your question to your satisfaction and wish you a pleasant Monday morning!

Best regards from the North Sea coast

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774