Probation
Period
The
probation period is an important phase in an employment relationship. It allows
the parties to verify the job fit and for the employer to provide the necessary
support to the employee during the first period of employment. Hence probation
periods should be of a reasonable duration.
Probation
for Indefinite Contracts of Employment
Employment
relationships are subject to a probationary period of six months unless the
parties agree to a shorter period.
Probation
for Fixed-Term Contracts of Employment
The
probation period for fixed-term contracts of service must be established
according to the terms agreed with respect to the duration of the contract of
service.
Under the
new laws regulating probation periods, the concept of proportionality has been
introduced. The following table provides the applicable probation periods for
standard fixed-term contracts of employment, unless the parties agree to a
shorter probation period. With respect to workers who hold a technical,
executive, administrative or managerial position, other terms may be
applicable, as explained under the general terms.
|
Duration
of Contract of Employment
|
Probation
Period
|
|
Less than
6 months
|
one-third
(1/3) of the duration of the contract of service
|
|
6 months
|
2 months
|
|
7 months
|
2 months
|
|
8 months
|
3 months
|
|
9 months
|
3 months
|
|
10 months
|
3 months
|
|
11 months
|
4 months
|
|
12 months
|
4 months
|
|
13 months
|
4 months
|
|
14 months
|
5 months
|
|
15 months
|
5 months
|
|
16 months
and over
|
6 months
|
Suspension
of Probation
Probationary
periods shall be suspended during periods of justified absence from work such
as in the case of vacation leave, sick leave, injury leave, maternity leave,
adoption leave and jury leave, where such period of absence is of two weeks or
more. The probation period shall be restored and continued upon return to work.
General
Terms
In the case
of employees who hold a technical, executive, administrative or managerial
position and whose wages are at least double the national minimum wage
established in that year, the probation period shall be of one year. Again, the
parties may agree to a shorter probation period.
In all
cases, the parties may agree to shorter periods of probation.
In cases
where the contract of employment is renewed for the same work, there cannot be
a new probation period.
Workers
cannot be dismissed during the period of suspension of the probation. On the
other hand, during the probationary period either party may terminate the
employment relationship without specifying the reason of termination.
During the
probation period, with respect of all contracts of service – i.e., irrespective
of the type of work, the terms of duration of the contract of employment and
the length of the probation period itself – a notice period of one week
shall apply when the employee has been in the employment of the same employer
continuously for more than one month.