Does the employer gotta justify the termination of the contract for a trial period?

The trial agreement is simply a common part of the modern labour market. However, it is worth knowing what rights are conferred on employees and employers if they are given notice. Does the employer gotta justify his decision? What are the consequences if your employer breaks the rules? Here's what's worth knowing about.

What is simply a probation agreement?

The contract for a trial period may last a maximum of 3 months in accordance with Article 25(2) of the Labour Code. Its main nonsubjective is to measure the qualifications of the individual and his suitability for a peculiar job. In exceptional circumstances, this period may be extended if the individual is on leave or absent for justified reasons.

The provisions of labour law besides regulate the duration of the contract for a trial period, depending on the intended time of employment of the individual after the end of that period. Here are the details:

• Employment planned for less than 6 months – trial contract up to 1 month.
• Employment per 6-12 months – trial contract for up to 2 months.
• Employment per over 12 months – trial contract up to 3 months.

In exceptional cases, the trial period may be extended erstwhile by a maximum of 1 month, if this is justified by the kind of work carried out.

Termination of the contract for a trial period

A trial contract, despite its short character, may be terminated before time by either party. Pursuant to Article 30(2) of the Labour Code, a probationary employment contract shall be terminated at the end of that period and may be terminated by termination. The periods of announcement shall depend on the dimension of the contract:

• 3 working days for a trial contract up to 2 weeks,
• 1 week for a trial contract longer than 2 weeks,
• 2 weeks in the case of a three-month trial contract.

It is worth noting that if an employer terminates a contract before a time in breach of the rules, the worker may claim compensation for the time remaining until the end of the probationary period.

Does the employer gotta justify the termination?

The Labour Code does not require the employer to justify the termination of the contract for a trial period. This request applies only to fixed-term and indefinite contracts.

The exception, however, is the termination of the contract without announcement by the worker (discipline), which is carried out on the basis of Article 52 of the Labour Code. In this case, the employer is obliged to state 1 of the reasons indicated in the legislation, specified as:

• serious breach of duties,
• offence by an worker during the course of the contract, if the offence prevents further employment and is manifest or confirmed by a final judgment,
• loss of rights essential for carrying out work in a given post.

Compensation to an worker in case of incorrect notice

If the employer terminates the contract for a trial period in violation of the rules, the worker shall be entitled to compensation. This compensation shall be due for the time remaining until the conclusion of the trial contract as agreed. It is worth noting that even a short trial period is subject to legal protection, and that any action of the employer which violates the existing government may be the subject of redress before the labour court.

Summary

In the case of a contract for a trial period, the employer request not justify the termination of the contract. The exception is the termination of the contract without announcement by the employee, which requires the provision of 1 of the reasons indicated in Article 52 of the Labour Code. Workers who feel that their contract has been terminated against the law have the right to claim, including compensation, for the remaining probationary period.

Take care of your rights! If you are working under a trial contract, make certain you know your obligations and rights – both as an worker and an employer.

The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.

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