The Probationary Period during the Corona Pandemic
The corona pandemic is dominating life,
There must be no contact with friends,
the author therefore stays at home,
and his blog appears in German rhymes.
No more pizza at the Italian restaurant around the corner,
No tarte flambée with bacon at the inn,
Nobody leaves a bar drunk anymore,
But not only leisure time is affected.
The Corona pandemic affects everyone,
Dear readers, unfortunately also the working life,
Mass dismissal, hiring freeze and short-time work,
Home office is spreading in companies.
The workplace moves from the company premises
For hygiene reasons into your own four walls,
No suit at the office, but at home in jeans,
No meetings in then office but webex, zoom and teams.
Restrictions by Covid-19 have been in effect since March,
For newly hired employees this is no joke,
At home alone since his/her first day at work,
Not even among colleagues in the canteen for a break.
A problem may emerge after six months,
How can new employees survive the probationary period?
It is simply not possible to test the employee well,
for the employment relationship from the 7th month onwards, this would be fatal.
Only during the probationary period can the employer
Insist on the short notice period of two weeks,
Is extending the probationary period the bright idea?
No, extension is inadmissible as stated in Section 622 (3) German Civil Code.
Extending the probationary period would not help much either,
The German Protection Against Unfair Dismissals Act begins to apply after six months,
Permitted terminations must then state a reason,
Otherwise the employer cannot part with the employee.
The solution I have in mind is an old acquaintance,
Things get more relaxed during corona around the probationary period.
Termination before the end of the probationary period is recommended
and then choose two or three months more testing.
The maximum six-month probationary period must be outwitted
And "limited" by a long period of notice for a few months.
Best wishes from the Labour & Employment Law Practice Group, and stay healthy!
Yours Dr Erik Schmid
Note: This blog has already been posted in the employment law blog of Erik Schmid at Rehm-Verlag (www.rehm-verlag.de).