Benefits of a probationary period in the individual employment contract

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What is the probation period?

The probation period is the period from the beginning of the individual employment contract, while is checked the suitability of the newly employee with the position he occupies. The probation period depends on:

  • the individual employment contract period;
  • the position occupied by the new employee;
  • if the employee has disabilities.

 

What is the probation period?

For individual employment contracts of limited duration, the probationary period shall not exceed:

  • 5 working days if the individual employment contract is less than 3 months;
  • 15 working days if the individual employment contract is between 3 and 6 months;
  • 30 working days if the individual employment contract exceeds 6 months;
  • 45 working days for the employees in a management position, if the individual employment contract exceeds 6 months.

For individual employment contracts of unlimited duration, the probationary period shall be maximum 90 calendar days for operational positions and and no more than 120 calendar days for management positions.

When we say maximum, it means that the probation period can also be negotiated at the interview. When the probation period is not negotiated, employers go through the maximum period.

For the employment of people with disabilities, the probationary period shall be of maximum 30 calendar days.

 

Can you have more probation periods at the same employer?

During the performance of an individual employment contract, the parties can set only one probationary period, but if at the same employer, the employee changes his / her position or perform the activity in a difficult, unhealthy or dangerous workplace, another probation period can be established for the new position.

 

Can an employer use successive probation periods for the same job?

Yes. An employer can have successive employment of more persons on probation for the same position, but within a maximum of 12 months.

 

Is the probationary period only to check if the employee is suitable with the job? Or are there other obligations?

During the probationary period, the employee shall enjoy all rights and duties provided for the employment contract, the job description, the collective labour agreement.

The probationary period shall be included in the length of service.

 

Can the employment contract cease easier during the probation period?

During or at the end of the probationary period, the individual employment contract may only cease by a written notification, on the initiative of any party.

The notification doesn’t have to be motivated.

Do you have any questions regarding this subject? Contact Kreston Romania specialists!