The probationary period may be set at the begining of the labor contract and has the objective of testing the employee skills, according to art. 31, para. 1 of the Labor Code. The probationary period can be up to 90 calendar days for executive positions and a maximum of 120 calendar days for the leadership.
On the other hand, the sick leave is a case of suspension of the labor contract, according to article 50, letter b) of the Labor Code.
In case of suspension of the labor contract, all terms that relate to the end, the modification, the execution or the termination of the contract shall be suspended as provided in article 49, paragraph 6 of the Labor Code. The exception is represented by the situations when the labor contract is terminated by law.
Therefore, if a suspension cause is happening as a sick leave during the probationary period, it lasts for the not worked days due to the temporary incapacity for work.
During or at the end of the probationary period, the individual labor contract may be terminated only by a written notice on the initiative of either party, without the need for motivation, according to article 31, paragraph 3 of the Labor Code.
Both employer and employee, when deciding to cancel the labor contract, during or at the end of the probationary period, are not required to comply with a notice period. Also, the termination notice must be in writing in order to produce the effect.
In the context of the employer notify the employee in writing of the termination during the probationary period, the contract is considered terminated at that time, even if the employee returns with a sick leave. In this situation, for receiving a paid indemnity for temporary incapacity for work, the employee will address the health house is ascribed.
If the sick leave would be introduced to the employer prior the written termination notice of the contract, then this sick leave would be suspended the contract and the probationary period would be extended.
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