Breaking the probationary period

Initiation to end probationary period

A probationary period is a temporary form of employment that aims to give both the employer and the employee the opportunity to evaluate whether the employment should continue in the form of a permanent position. There are two main ways to end a probationary period, depending on when the decision is taken.

It is important to make sure that the employment is indeed a probationary contract and not a permanent contract. If the contract is not clearly specified as a probationary contract, it may be considered as a permanent contract from day one, which means that different rules apply to dismissal.

Breaking off prematurely

If the employer decides to end the probationary period before the end of the probationary period (for example, before the six months are over), this is known as prematurely ending the probationary period. In the case of such a termination, the employer must inform the employee of the decision and document it in writing.

Announce the end of the probationary period without changing to permanent employment

Another option is to allow the employee to continue working for the duration of the probationary period, but to announce that the employment will end at the end of the probationary period and that it will not be converted into a permanent contract. This means that the employee continues to work until the last day of the probationary period, but that the employment is then terminated.

Two weeks in advance

In both cases, whether the probationary period is terminated early or at the end of the probationary period, the employer must notify the employee at least two weeks in advance. If the worker is a member of a trade union, the notification must also be sent to the union. This allows both the employee and the trade union to prepare and possibly take action.

Applicable legislation

31 § LAS

An employer who intends to notify an employee that a probationary period is to be terminated prematurely or ended without being converted into permanent employment shall notify the employee of this at least two weeks in advance. If the employee is a trade union member, the employer shall notify the local trade union to which the employee belongs at the same time as the notification.

The employee and the local workers' organization have the right to consult with the employer about the notification.