Probation is a discretionary period at the start of employment which gives the employer and employee the right to cancel an employment contract immediately during probation, without specific grounds for terminating employment. However, probation cannot be ended on inappropriate or discriminatory grounds.
A clause on probation can be included in both a permanent and fixed-term employment contract.
Under the Employment Contracts Act, probation at the start of a permanent contract may be no longer than six months. If an employee is away from work due to work incapacity or family leave during probation, the employer has the right to extend probation by a month for each 30-day period of work incapacity or family leave period.
The employment contract must contain a clause on probation if either party wants to make a claim based on it. Referring to the collective bargaining agreement is not enough, even if it contains a term on probation.
Probation and fixed-term employment
When a new fixed-term contract immediately follows a previous fixed-term contract, the new contract cannot include probation unless the duties have changed substantially. A probation period can be agreed in the middle of employment if the employee’s duties change substantially. If you as an employer invoke this probation clause when your employee changes duties, the employee then returns to his or her previous duties.