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The probationary period is the time in which the employer can verify employee’s skills and professional training and is regulated by Articles 31-33 of the Labor Code. This has advantages for both sides (both employer and employee) and usually occurs on the employer initiative.
Legal duration of the probationary period
In order to check the employee’s skills, as is stated in the law, probationary period is determined at the ending of the individual employment contract for an indefinite period with clear according to the position in the company or the situation, as follows:
In case of fixed-term employment contracts, this period is directly proportional to the duration of the contract and may not exceed:
For temporary contracts, legal probation may not exceed:
The employment contract may be ended during or at the end of the probationary period only upon written notification, without notice and without having to motivate its decision. Both the employer and/or the employee can have the initiative of termination of the contract.
The specifics of the probationary period
The probationary period isn’t legally mandatory, therefore it must be accepted by both parties signing the contract. It can be established only probation during the execution of a labor contract.
Exception! A new probationary period can be determined if the employee:
The probationary period represents seniority, cannot be presumed and cannot be proved by other means than entered it in the individual labor contract.
During the probationary period, employee benefits from all the rights and obligations stipulated in the labor contract, collective agreement applicable to the employer and internal rules.
When you cannot stipulate probationary period
There are two situations in which the law does not allow a probationary period, so no termination of employment without notice:
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