An integral part of the individual employment contract, the probationary period is the first period of time after an employee starts work. It is an important period both for the employer, who can thus check the employee’s skills, and for the employee, who can convince himself whether the new job is really the right one for him. During the probationary period, or at the end of the probationary period, the individual employment contract may be terminated only by written notice at the initiative of either party, without the need for notice and without the need for justification (Article 31(3), Labour Code).
In the case of individual employment contracts concluded for a fixed period, the duration of the probationary period varies as follows:
– For contract duration less than 3 months, a maximum of 5 working days will be set;
– For contract duration between 3 and 6 months the probation period will not exceed 15 working days;
– For the duration of the contract longer than 6 months the probation period will be a maximum of 30 working days for employees in executive positions and a maximum of 45 working days for those in managerial positions.
When we talk about individual employment contracts concluded for an indefinite period, the probation period will be a maximum of 90 calendar days for executive positions and a maximum of 120 calendar days for managerial positions. In the case of disabled persons the probation period will not exceed 30 calendar days.
For temporary employment contracts the maximum probationary period is as follows:
– 2 working days for temporary employment contracts concluded for a maximum of one month;
– 5 working days for temporary employment contracts concluded for one to three months;
– 15 working days for temporary employment contracts lasting 3-6 months;
– 20 working days for temporary employment contracts concluded for more than 6 months in the case of
executive posts and 30 working days in the case of managerial posts.
If the parties so agree, the probationary period can be 0 days.
For transparency, in addition to the length of the probationary period, the individual employment contract must also specify the conditions that the employee must fulfil during this period.
It is important to know that only a probationary period can be imposed during an individual employment contract. By exception, an employee may be subject to a new probationary period with the same employer if his or her function or working conditions change (from normal working conditions to difficult, harmful or dangerous conditions).
During the entire probationary period, the employee benefits from all the rights and has all the obligations provided for in the labour legislation, in the applicable collective labour agreement, in the internal regulations and in the individual labour contract.