11.06.2020
FEATURES OF THE EMPLOYMENT CONTRACT WITH A TRIAL TERM
Concluding an employment contract with a probationary period is a common and widespread practice when starting a new job.
Its main feature is that during the probationary period, the party in whose favor (the employee, the employer or in favor of both parties) the term is agreed, may terminate the contract without notice until the expiration of the agreed term. It is clear and unambiguous enough to express it in writing.
It is not necessary for the party entitled to terminate the contract to be motivated in any way. Termination is not subject to appeal and consideration in the order of labor disputes.
During the probationary period, the employer may dismiss the employee while he is on statutory leave, e.g. sick leave, in which case the permission of the Labor Inspectorate or another body is not required.
The test period may be agreed in favor of:
- The employer - when the employer wants to check the ability of the employee to perform a certain job;
- The employee - when the employee wants to check whether the work is suitable for him/her, whether the working conditions, the atmosphere and the work team he/she likes;
- In favor of both parties. The contract shall specify in whose favor the trial period has been agreed. If this is not stated, the test period is considered to have been agreed in favor of both parties. This means that during the probationary period, both the employer and the employee may terminate the contract at their discretion.
The test period may not exceed 6 months. It does not include the time during which the employee has been on statutory leave (paid, unpaid, study, due to illness, etc.) or for other valid reasons has not performed the work for which the contract was concluded.
The law does not allow for the same work with the same employee in the same enterprise to be re-concluded employment contract with a probationary period. However, if the worker moves from one position to another, albeit in the same undertaking, it is permissible to conclude another employment contract between the same parties, with a different content and a test clause.
For example, such a case occurs when a secretary in a company moves to the position of accountant. It is important to note that during the trial period the parties have all the rights and obligations as in a final employment contract - the employee is entitled to a common basis for remuneration, agreed working hours, breaks and vacations, recognition of length of service and etc.
The employment contract is considered final if it is not terminated by the party in whose favor the probationary contract was.
Reference: Art. 70, para. 1 - 5 of the Labor Code; Art. 71, para. 1, para. 2 of the Labor Code
Everyone who wants information or consultation on the topic of interest can contact the Consultancy Center for Disadvantaged People in Berkovitsa by phone 0890943741 or by e-mail: berkpro.robg@abv.bg
