Probationary period: rules and the most common misconceptions

A probationary period gives both the employer and the employee room to check whether the working relationship suits them. At the same time, it is the period with the most relaxed rules for ending employment. That is precisely why so many myths surround it. Some employers see it as a period of complete freedom, while others do not realise what it takes for it to be validly agreed in the first place. The reality lies somewhere in between and rests on precise rules. In this article we explain how the probationary period works and which misconceptions to avoid.

What a probationary period is and how it is agreed

A probationary period is a time-limited period at the start of employment. It must be agreed in writing, at the latest on the day the employee starts work, and it cannot be agreed retrospectively. If the parties do not include it in the employment contract, the employment runs without one. Its maximum length is limited by law and differs for ordinary and managerial employees.

Ending employment during the probationary period

During the probationary period, either party may end the employment even without giving a reason. The termination must be in writing and delivered to the other party, as a rule a few days in advance. It is not notice, and no notice period runs. This makes the probationary period flexible, but its restrictions should not be forgotten either.

• employment can be ended even without giving a reason
• the notification must be in writing
• deliver it to the other party in advance

The most common misconceptions among employers

Many employers believe that they can do anything during the probationary period. That is not quite the case. Here too, the prohibition of discrimination applies, as does the special protection of, for example, pregnant employees or people on maternity and parental leave.

• a probationary period cannot be agreed retrospectively
• it cannot be extended at will beyond the statutory limits
• it is extended by periods of obstacles to work, for example sick leave (PN)
• the prohibition of discrimination and the protection of certain groups apply

Extension and obstacles to work

The probationary period is automatically extended by the time during which the employee could not work because of obstacles to work, typically sick leave. Conversely, it cannot be agreed for longer than the law allows. As the specific limits may change, check the current conditions.

Probationary period in fixed-term employment

The probationary period in fixed-term employment deserves particular attention. It can be agreed here too, but its length should be proportionate to the expected duration of the employment. Agreeing a long probationary period for a short contract is not appropriate, as it would defeat its purpose. The probationary period serves to test the working relationship, not to circumvent the rules on ending employment. Employers should therefore consider, for each type of contract, whether and to what extent a probationary period is justified and whether it corresponds to the nature of the agreed work.

Recommendations for companies

For the probationary period to serve its purpose, pay attention to the correct wording of the employment contract and to delivering documents properly. Assessing the employee on an ongoing basis during the first weeks is good practice. If you are unsure about the wording or about the payroll consequences of ending the employment, our specialists will be happy to help you draw up the documents correctly and keep track of the time limits, so that a simple probationary period does not turn into an unnecessary problem.

Related articles: Employment under an agreement vs. permanent employment, Severance pay and retirement allowance: when you are entitled to them, Employing foreign nationals in Slovakia: obligations.

Frequently asked questions

Can the probationary period be extended?

The probationary period cannot be extended at will beyond the limits set by law. However, it is automatically extended by periods of obstacles to work, for example a period of sick leave. Check the current limits, as they may change.

Can an employer end the employment of a pregnant employee during the probationary period?

The protection of certain groups and the prohibition of discrimination apply even during the probationary period. Stricter rules apply to pregnant employees and to people on maternity and parental leave. In such cases, we recommend consulting an expert.