Getting a new job brings both relief and excitement to an employee. Among new duties and colleagues, the term 'probationary period' often comes up. The first few months are a time when the employee must prove their competence, and the company assesses how well the new team member adapts to the work and the collective.
However, many employees have doubts: what happens if the company is not satisfied with the work during the probationary period? Can the company fire an employee without prior notice? And does the job become permanent after the end of the probationary period?
Let's examine what a probationary period entails, what the employee's rights are during this time, and under what conditions the company can terminate the employment contract.
When starting work, a probationary period signifies a period of testing or evaluation. When an employee starts working at a new company, management tests their performance during the initial time. During this period, the company monitors whether the employee performs their duties properly, what their productivity is, how they interact with the team, and whether they can meet the company's requirements. Nevertheless, the duration of the probationary period can vary depending on the company and the position, information which is usually specified in the employment agreement.
A question that constantly arises among young specialists is whether the company can fire an employee during the probationary period. If the employment agreement specifies a condition allowing the company to terminate the employment relationship during the probationary period, the company can act according to this condition. Courts have also recognized in many cases that hiring for a probationary period is based on testing, and if the work does not meet expectations, the employment relationship can be terminated.
This does not necessarily have to happen only due to poor performance; conditions set by the company, the overall assessment of the employee's work, or their suitability during the probationary period may also be taken into account.
The answer to this question is not universal for all vacancies. If the employment agreement states that the employment relationship can be terminated without notice during the probationary period, the company can act according to this provision. In many decisions of the Supreme and High Courts, such conditions stipulated in the employment contract are given weight. However, if the employment agreement sets a notice period, the company must adhere to this condition and applicable rules. Therefore, it is crucial to carefully study the terms regarding the notice period, probationary period, and termination of the contract in the employment agreement.
Employees sometimes assume that after the completion of the probationary period, for example, after 60 or 90 days, their job is automatically secured, but this is not always the case. Many employment contracts clearly state that after the end of the probationary period, the employee is considered a permanent member of the company, but the job is not considered guaranteed until written confirmation is received from the company. In such cases, the mere expiration of the probationary period does not entail automatic confirmation, as some companies may extend the probationary period if permitted by the employment agreement or current service rules.
The question arises as to why a company might extend the probationary period. If the company believes that the employee's performance has not yet reached the expected level, it may extend the probationary period in accordance with its conditions. For example, if an employee was hired for a six-month probationary period, and the company cannot fully assess their work or feels the need to improve performance, the probationary period may be extended within the applicable conditions. Furthermore, there is no single period applicable to all companies; for this, one must refer to the employment agreement and the company's internal rules.