Probationary period

Probationary period

    Almost all employment contracts are preceded by a probationary period. A contract that includes a probationary period may be called a pre-employment contract. The final employment contract may be fixed term or for an indefinite period of time, but the parties must specify its type in order to know what final contract is being tested. During the term of the contract, each party has its own rights and obligations that it has in principle under the definitive employment contract. In the contract with a test period, if the employer does not wish to terminate it by the end of the probationary period, after the expiry of the probationary period it is considered to be final. The maximum duration of the test time is 6 months and the parties can agree on a shorter period. The probationary period does not include the time during which the worker was on leave or for other valid reasons did not perform the work agreed in the contract. The parties agree on whether the probationary period is for the benefit of the employer or the employee. When it is in favor of the employer, he shall decide when and if he will terminate the contract whenever he wishes. Within the probationary period, of course. In this case, the worker will have to comply with the notice requirement. When in favor of the employee, he will have the right to leave immediately, and if the employer wishes to terminate the contract he will need notice. If the parties have not agreed on the benefit of the contract, it will be for the benefit of both parties. An employer has the opportunity to conclude an employment contract with a test period for the same job only once.