19.06.2024
TRIAL PERIOD IN THE EMPLOYMENT CONTRACT: ADVANTAGES AND RISKS
At the time of the job search, when the offer of a new position finally appears, the worker receives an employment contract, which in most cases includes a clause for a trial period arranged in favor of the employer.
This inevitably causes mixed feelings of excitement and anxiety. Is this practice an advantage to the employer, or can a probationary period benefit the employee if properly understood and managed wisely?
The trial period in the employment contract represents a certain period during which the employee and the employer can assess whether their expectations and requirements correspond to reality. This term can be agreed in favor of the employer, the employee or both parties, depending on the specific situation and contract between the parties.
Before concluding an employment contract in which the trial period is in favor of the employer, the employee should carefully consider what his personal and professional goals are. Whether it is his first job after graduating, or he has changed several employers, a trial period can be an advantage, as it gives the worker the opportunity to adapt to the new working conditions and to make sure that the job position suits his expectations. Also, this period can be a time to acquire new knowledge and skills, as well as to develop relationships with colleagues and superiors.
When the trial period is arranged in favor of the employer, it means that he has the right during this period to terminate the employment contract without notice and without the obligation to provide motivation for this step. This option is often used by employers who want to assess the ability and adaptability of the new worker in practice before engaging him on a permanent basis. This gives them the opportunity to make an informed decision about whether to keep the employee with the company after a successful trial period.
It is important to know that the law does not allow for the same work with the same worker or employee in the same enterprise to re-sign an employment contract with a trial period. But if the worker moves from one position to another, even in the same enterprise, it is permissible to conclude another labor contract between the same parties, with a different content and a trial clause.
For example, such a case is present when a secretary in a company moves to the position of accountant. It is important to note that during the trial the parties have all the rights and obligations as in the case of a final employment contract - the worker or employee has the right to a general basis of remuneration, agreed working hours, rest and holidays, recognition of the time of work experience and etc.
The trial period cannot be longer than 6 months. It does not include the time during which the worker or employee was on statutory leave (paid, unpaid, study, due to illness, etc.) or for other valid reasons did not perform the work for which the contract was concluded.
The employment contract is considered to be definitively concluded if it is not terminated by the party in whose favor the contract was for a trial period.
A trial period in an employment contract can provide valuable opportunities for both the employer and the employee. Regardless of whether this term is arranged in favor of the employer or the employee, it is important to understand the rights and obligations of each party.
Consulting with employment law specialists and wise preparation are the keys to successfully dealing with probation period issues in employment contracts. Ultimately, this period can be a chance to hone and improve both a worker's career and work skills if used wisely and strategically.
Reference:
Art. 70, para. 1 – 5 of the Labor Code
Art. 71, para. 1, para. 2 of the Labor Code
