Probationary period – what applies?
A probationary period gives both you and the employer the opportunity to assess whether the collaboration is working well. Learn more about what a probationary period entails, and what rights and obligations you and your employer have.
What is probationary period?
- A probationary period is a period at the beginning of the employment relationship during which both you and your employer can assess whether the employment relationship is functioning satisfactorily.
- If you are going to have a probationary period in your employment, this must be agreed in your employment contract. The typical length of the probationary period in a permanent position is six months.
- The purpose of the probationary period is for the employer to assess your competence and adaptability, while you benefit from a shorter notice period if the position is not suitable.
What does it mean to be on probation?
Being on probationary does not mean that you are a temporary employee. You have most of the rights of other employees, but the threshold for dismissal is somewhat lower.
The employer must provide the necessary training and guidance. They also need to give feedback on performance, so that you have the opportunity to develop and improve. You must be given sufficient time to adapt to the work and demonstrate your qualifications.
A probationary period must be agreed in the employment contract
If you are going to have a probationary period, it must be stated in your employment contract. It must also state how long the probationary period should be.
How long can the probationary period be?
The probationary period is usually six months for permanent positions and in temporary positions of at least one year. A probationary period of no longer than six months can be agreed. Please note that a shorter probationary period may be agreed in your employment contract.
If you are employed in a temporary position, the probationary period cannot be longer than half of the duration of the employment.
If you are away from work, the probationary period can be extended. This only applies if the absence is not due to circumstances on the employer's side. The employer must notify you in writing of any extension during the original probationary period.
How long is the notice period during the probationary period?
The notice period during the probationary period is 14 days calculated from date to date, unless you have agreed on a different deadline. Check what is in your employment contract to see what applies to you.
Can I get a new probationary period with the same employer?
Normally, the employer cannot grant a new probationary period when you move to a new position, unless the new position is significantly different. Then the employer may need to see if you are suitable for the new position. An example of this could be that you move from a professional position to a position with personnel responsibility.
NITO is here when it matters
Many people do not know where to start when uncertainty arises in working life. As a trade union, we are here to give you security, support and concrete advice – when you need it most.