Probation period can be agreed upon both during permanent and temporary employment. That the employment should include a probation period must be agreed upon in writing. If a probation period is not expressly agreed, the general rules on job protection will apply from the first day of work. This follows from the structure of the Working Environment Act.

Form and content of the agreement

For the probation period to be valid, it must be specified in the written employment contract. The maximum length of the probation period is six months. A shorter probation period can be agreed upon, but not longer. It must also specify the conditions that apply during the probation period.

Special rules for termination

During the probation period, special rules for termination apply:

• The notice period is 14 days unless a longer period is agreed

• A lower threshold for termination applies than in regular employment

• The termination must be justified based on the employee's adaptation to the work, professional competence, or reliability

Extension of the probation period

The probation period can be extended if the employee has been absent from work during the probation period, and the absence is not due to the employer. This presupposes that:

• The employer's decision to extend is communicated to the employee in writing

• The notification is given before the expiration of the probation period

• The extension is only equivalent to the length of the absence

Transition to permanent employment

If the employment continues after the probation period without the employer having given notice, the employment automatically becomes permanent with regular protection against termination. Therefore, the employer must make a thorough evaluation before the probation period expires.

Employee rights

Even during the probation period, the employee has fundamental rights:

• Right to written notice upon termination

• Right to demand negotiations in case of disagreement about the termination

• Right to continue in the position during a possible dispute if the court decides so

The significance of unclear agreement terms

It is of significant importance that probation conditions are clearly formulated in the employment contract. In case of ambiguity, doubt will normally benefit the employee. This particularly pertains to questions regarding:

• Whether a probation period has been agreed upon

• The length of the probation period

• What conditions are to be assessed during the probation period