Probationary period is a period during which the employer assesses the abilities and skills of a new employee, while the employee gets the opportunity to familiarize themselves with the work environment and the challenges that come with the new position. Although it is not a mandatory phase in establishing an employment relationship, the probationary period often plays a key role in making the decision about the long-term engagement of the worker.
The probationary period contract is concluded as part of the employment contract, whether for a fixed-term or indefinite-term employment. This period allows the employer to assess the employee’s expertise, efficiency, adaptability, and work ethic. If the worker meets the expectations, they remain employed, while if not, their employment is terminated.
The probationary period can be agreed upon for both full-time and part-time employees. Its purpose is to assess how the employee performs assigned tasks and fits into the team.
Duration of the probationary period
When it comes to the duration of the probationary period, the law stipulates that it cannot exceed six months. It can also be shorter, but the time frame must be clearly defined in the contract. It is also important to note that the probationary period is paid, and employees during this period have the same rights and obligations as other workers in the company, including salary, social security contributions, and other benefits.
Termination of the probationary period
The employer may terminate the employment relationship with an employee who does not meet expectations during the probationary period. There are two possibilities for termination – either before the end of the agreed probationary period, if the employer determines the employee is not competent, or at the end of the probationary period, if the employee does not meet the expected standards. In both cases, the employer is required to issue a termination decision and justify it.
To make the probationary period process as effective as possible, it is recommended that employers define clear assessment criteria for employees. Performance monitoring can be done directly by the employer, the relevant supervisor, or a team responsible for evaluation. This practice contributes to transparency and enables objective decision-making regarding the continuation or termination of the employment relationship.
If the probationary period is successfully completed, the employee continues to work under the same conditions defined in the employment contract. On the other hand, if the employee does not meet the employer’s standards, the employment relationship is terminated without the obligatory notice period.
The probationary period is a useful tool for both the employer and the employee. While it allows companies to find suitable candidates, it gives employees the opportunity to prove themselves and secure their place within the team.
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