Labour law

How is a probation period set?

Huquqchi legal team

A probation period applies only if the employment contract states it. It cannot exceed three months, or six months for heads of organisations, their deputies, chief accountants and heads of separate units. During probation labour law applies to the employee in full. Some categories of employee get no probation period.

The main rule

If the contract does not state a probation, the employee is treated as hired without a probation. Under article 129 of the Labour Code, a probation is set only at hiring, so you cannot add it later.

What applies during the probation

An employee on probation has the same rights as everyone else: pay, rest time, labour protection, social insurance. To cut the pay because "you are on probation" is unlawful.

Who gets no probation

The law frees some categories from a probation — for example, pregnant women, persons under eighteen, persons who make an employment contract for up to six months, persons who start their first job in their speciality within one year from the day they finished an educational organisation, and other categories of employee.

The result of the probation

If the result is unsatisfactory, the employer can terminate the employment contract, stating the reasons. Under article 132 of the Labour Code, the employer must warn the employee in writing at least three days before. The employee can appeal this decision to the court.

Legal sources

Legal basisLabour Code, article 129 Legal basisLabour Code, article 130 Legal basisLabour Code, article 132

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.