The employment contract for a trial period – as the name suggest – is a contract to try out the employee (or the employer :-))
The contract for a trial period may come before any other type of the employment contract. “It may” means that the parties have an option to go for a trial period at the beginning of their cooperation but they do not have to: there is no statutory obligation to do so and another type of contract can be implemented forthwith, whatever suits the parties.
Important practical aspects of a trial period employment contract to remember:
- the length of the trial period may be determined freely by the parties (in days, weeks or months), irrespective of the kind of work, position or other, provided that it is kept within the statutory limit of 3 months – that limit may not be extended even if both parties agree;
- pursuant to a Supreme Court ruling, an employment contract for a trial period exceeding 3 months may be considered, upon lapse of 3 months, a contract concluded for a definite period of time;
- the employment contract for a trial period may be concluded only once with the same employee;
- the employer is not duty bound to continue employment with the employee whose trial period has come to an end, even if the employee’s performance was satisfactory;
- the employment contract for a trial period may be terminated by notice, duration of which depends on the length of the trial period.
Are trial employment contracts practised in your home countries? Please drop a few words on that.