Probationary period
The employer and the employee can agree on a probationary or trial period that takes place in the beginning of the employment relationship. The purpose of the probationary period is to determine whether the employment contract signed meets the expectations of both the employee and the employer.
A probationary period must be agreed on in a way that ensures that both the employer and the employee are clearly aware of the terms and duration of the period. The probationary period clause is usually recorded in the employment contract. When drawing up the employment contract, the employer can also state that the regulations of the collective agreement regarding probationary period will be applied. If the probationary period clause is not included in the employment contract, and if it has not been otherwise verbally agreed, a probationary period will not be applied to the employment relationship.
The parties must agree on the probationary period before the work is started, and it starts when the work is started. The probationary period clause can only be applied once, in the beginning of the employment relationship. If a fixed-term contract is followed by another fixed-term contract for the same job between the same employer and employee, a new probationary period clause cannot be included in the contract unless the work assignments have changed in some essential way.
During the probationary period, both the employee and the employer can terminate the employment relationship effective immediately, without upholding the notice period. However, the employment contract cannot be terminated on discriminatory basis or due to other reasons not relevant to the purpose of the probationary period.
Duration of the probationary period
The maximum duration of a probationary period is six months. In a fixed-term contract, the probationary period and its potential extensions may be no longer than half of the duration of the employment contract, and it cannot exceed six months.
If the employee has been absent due to incapacity to work or family leave during the probationary period, the employee has the right to extend the probationary period with one month for every 30 calendar days included in these periods of leave. The option to extend the probationary period only applies to longer absences.
The employer must notify the employee of extending the probationary period prior to its end.