Even in fixed-term employment relationships, agreeing on a probationary period is legally possible and permissible. The Sixth Senate made it clear in its judgment of January 24, 2008 ( 6 AZR 519/07 ) that the effectiveness of a probationary period agreement according to Section 622 Para. 3 BGB, subject to deviating collective agreement provisions in accordance with Section 622 Paragraph. 4 BGB allein davon abhängt, dass die Probezeitdauer sechs Monate nicht übersteigt.
There is no individual case-specific appropriateness check of the agreed duration. The probationary period of six months agreed in a standard employment contract is subject to Section 307 Para. 3 Sentence 1 BGB does not include content control in accordance with Section 307 Paragraph. 1 sentence 1 BGB. By formally agreeing on a six-month trial period that applies equally to both parties to the contract, the parties are only using the options provided by law and do not deviate from them.