→ Section 17 LL indicates that:
(1) The parties to the contract can, with mutual agreement, fix a period as the probationary period of work. During this period that may not exceed three months, either party can terminate the contract by giving a notice to the other. If the contract is not terminated until the end of probationary period, it extends with the same terms and conditions.
(2) The training period will be added up on the work period of the worker.
(3) The probationary period for the civil servants will be determined by the relevant legislative document.

There is no statutory probationary period in the FWA.
However, according to section 382, a national system employee is protected from unfair dismissal and is therefore eligible to make an application for unfair dismissal if he or she has completed "the minimum employment period"..
The minimum employment period is defined in section 383 FWA as follows:
- 6 months if the employer is not a small business employer (15 or more employees) or,
- 1 year if the employer is a small business employer (less than 15 employees).

→ Section 4(8) LA: The probationary period shall be:
- 6 months for a worker exercising functions of a clerical nature and
- 3 months for other workers.
The probation period of a skilled worker may be extended by an additional 3 months if it has not been possible to determine the quality of the work within the first 3 months of probation.
→ Under section 4(9) LA: If the employment of a probationer is terminated but s/he is employed by the same employer within the next three years, s/he is exempted from the period of probation previously completed.

Section 18 of GLL 2023 provides that:
1. In an "indefinite term employment Contract", there may be a trial period corresponding to the first 60 days of employment, which may be eliminated or reduced by written agreement between the parties.
2. The parties may, in writing, increase the duration of the probationary period up to 120 days and up to 180 days in the case of workers who perform management functions.
3. A trial period may be established in a Fixed-Term employment contract, if the parties so agree in writing, the duration of which must not exceed 30 days.
4. During the trial period, either party may terminate the employment contract, without the obligation to provide prior notice, compensation or present justification, and the employer must pay the contractually agreed remuneration.
5. Once the trial period has elapsed without either party making use of the provisions of the previous paragraph, the Employment Contract shall be consolidated, with seniority counting from the date it comes into force.

→ Section 42 LC. The probationary period varies according to the category of workers. It amounts to:
▻ 8 days for workers paid on an hourly or daily basis;
▻ 3 months for executives, technicians and similar positions;
▻ 1 month for the other workers.
It can be renewed once.
▷ Note: The reference to 6 months above corresponds to the probationary period for executives, technicians (3 months), renewed once.

Sec. 20 EA : The probationary period cannot exceed three months in the case of unskilled employees, and twelve months in the case of skilled employees.

→ Under section 43 of the LC, any employment contract may include a trial period clause, which must be documented in writing. The trial period’s duration cannot exceed the time necessary to assess the worker’s suitability, considering the job’s technical requirements and professional norms. The maximum trial period is
▻ One month for unskilled labourers and
▻Six months for other workers.
⇒ If a trial period exceeds these limits, it is automatically reduced to one month or six months, as applicable. Continuing employment beyond the maximum trial period automatically confirms the employment contract as permanent.

→ Section 97 LC states that: The employment contract must include (...) mandatory clauses, including with respect to: the conditions and duration of a trial period and any specific clauses agreed upon between the parties or any equivalent document.
→ Section 118 LC indicates that: If the worker is retained in service upon expiry of the probationary period or its renewal, or if the probationary period has not been formally stipulated, the parties are definitively bound by a contract of indefinite term. (...).
→ Section 121 LC stipulates that: The execution of an indefinite term employment contract must begin with a probationary period, which must be stipulated in writing, countersigned by both parties upon hiring, and whose maximum duration varies according to the employee's professional category. Any probationary period stipulated after the employment contract has commenced is null and void. (...).
→ Section 122 LC provides that: In the absence of a written contract and for locally recruited staff, the probationary period is set at:
- eight (8) days for workers paid by the hour, day, week, or fortnight;
- one (1) month for workers paid monthly;
- two (2) months for supervisors and equivalent staff;
- three (3) months for managers.
These are maximum durations, and the probationary clause may stipulate shorter periods.
In the case of a written contract, the probationary period must be expressly stated. It cannot be concluded for a period exceeding the time necessary to test the hired staff, taking into account the techniques and practices of the profession. The probationary period may only be renewed once for the same duration. However, for workers recruited outside the Central African territory or outside their usual residence, recruitment and travel time is not included in the maximum duration of the trial period.

▷ Labour Code
→ Section 14.5 LC: "An employment contract, whether for a fixed term or an indefinite period, may include a trial period, the maximum total duration of which is fixed by decree."

▷ New Decree No 2024-900 du 16 octobre 2024 on probationary employment and the length of the probationary period, which overrides Decree No. 96-195 (1996).
→ Section 4 of the new Decree N° 2024-900 indicates that: The probationary period varies according to the category of workers as follows:
▻ 8 days for workers paid on an hourly or daily basis.
▻ 1 month for monthly paid workers;
▻ 2 months for supervisors, technicians, and similar workers;
▻ 3 months for engineers, managers, high-level technicians and similar workers;
▻ 6 months for senior managers.
It can be renewed once.

▶ Labour Code
→ Section 28 LC indicates that :
(1) There shall be probationary hiring where, prior to signing a final contract, the employer and the worker agree to appraise in particular, the worker's quality of services and his output, as concerns the employer and as concerns the worker, the working, living, wage, safety and hygiene conditions as well as the climate under the employer.
(2) Any probationary hiring must be stipulated in writing. Such hiring shall not be made for a period exceeding that required for trying out newly engaged personnel, taking into account the techniques and practices of the trade or occupation. Under no circumstances shall probationary hiring exceed six months, including any renewal, save in the case of managerial staff for whom the period may be extended to eight months.
(3) The time required for recruitment, travelling, training and probation shall not be included in the maximum duration of the trial period.
(4) The cost of repatriation of displaced workers shall be defrayed by the employer regardless of the reason for termination.
(5) Where the worker's employment is maintained beyond expiry of a probationary hiring contract and here no new contract is made, the parties shall be deemed to have entered into a final contract taking effect from the beginning of the trial period.
(6) An order of the Minister in charge of Labour issued after consultation with the National Labour Advisory Board shall fix the conditions of probationary hiring.
▶ Regulatory text
See also: Arrêté No. 017/MTPS/SG/CJ of May 26, 1993, establishing the maximum duration and terms of the trial engagement (Arrêté n° 017/MTPS/SG/CJ du 26 mai 1993 fixant la durée maximale et les modalités de l'engagement à l'essai).

▶ LRA 1990
Sections 18 to 20 of the LRA provide for probationary periods.
→ Section 18 LRA 1990 indicates that: The probationary period shall not exceed 10 months. It can, however, be extended to 12 months when the job requires a high-level qualification.
▷ Note: The probationary period is set through collective bargaining for each workforce category or for the entire workforce.

→ Section 90 LL 2025 indicates that: The probation period in an individual labour contract shall not exceed three months.
▻ A worker may not be placed on probation more than once with the same employer.

Under the new Proclamation (2019), the maximum duration of a probationary period was extended from 45 to 60 working days, and it must be in writing. A worker rehired for the same job is exempt from probation.
→ Sections 11 (1 to 3) LP indicate that:
1) A worker may be employed for a probation period for the purpose of testing his suitability for a job position in which he is anticipated to hold.
2) A worker re-employed by the same employer for the same job shall not be subject to probation.
3) When the parties agree to have a probation period, the agreement shall be made in writing; in such a case, the probation period shall not exceed 60 working days beginning from the first date of employment. (...).

The trial period is regulated under sections 45 to 50 and sections 58 to 59 of the LC 2021.
→ Section 49 LC 2021 establishes a maximum statutory probation period that varies according to the category of worker, as follows:
* 6 months for executive staff
* 3 months for white collars, technicians and supervisors
* 1 month for the other workers.
→ Section 105 LC 2021 provides for the possibility of a trial in an apprenticeship contract, which may include a trial period depending on the duration of the contract.
→ Section 87 LC 2021 provides for consequences of dismissal during the trial period, indicating that severance pay is not required if the dismissal occurs during the trial period.

No statutory maximum duration. The Labour Act refers to a "reasonable duration". The probationary period is generally provided in collective agreements.
→ Section 66 LA refers to workers serving a probation or qualifying period of employment of reasonable duration determined in advance.
→ Section 98 d) LA: A collective agreement may include provisions on the period of probation and conditions on probation.

See section 11 of LC, Note 1: "The probationary period shall be specified in the employment contract. The maximum duration of probation shall be one month for unskilled and semi-­skilled workers and three months for skilled and specialised workers".

→ Under Section 127 (1) of the Labour Act, 2024, a contract of employment may take the form of a contract -
(a) without reference to limit of time;
(b) for a period of fixed duration; or
(c) to perform some specific work or to undertake a specified journey.

→ Section 128 of the Labour Act 2024:
(1) A worker may initially be employed for a probationary period not exceeding four months.
(2) At any time during the continuance of the probationary period or immediately at its end, a worker may be dismissed with one week's notice.
(3) The probationary period may be extended beyond a period of four months only with the leave in writing to the Labour Commissioner.
(4) Nothing in this section shall prevent the parties to a contract from agreeing on a period of probation of up to one year in respect of persons holding management or professional positions or employed in a professional capacity.

The maximum probationary period varies by contract and professional category.
The duration of the probationary period is governed by Section 14 LC as follows:
▷ Contract of indefinite duration:
▻ 3 months for executives and similar positions
▻ 1,5 months for employees (employés)
▻ 15 days for workers (ouvrier)
This trial period can be renewed once (i.e. the maximum is twice 3 months: 6 months)
▷ Fixed-term contract:
▻ Max. 2 weeks for a contract concluded for less than 6 months.
▻ Max. 1 month for contracts concluded for more than 6 months.
▷ Temporary employment contract
→ Under Section 501 LC, the probationary period (période d'essai) must be included in the written contract. The duration of this probationary period is strictly limited and depends on the length of the contract.
→ Under Section 502 LC, the probationary period (période d'essai) of a temporary employment contract cannot exceed :
▻ Two days for a contract of less than one month.
▻ Three days for a contract lasting between one and two months.
▻ Five days if the contract duration exceeds two months.
▷ Contracts of commercial or industrial representation
→ Under Section 80 LC, contracts of commercial or industrial representation, as defined by the specific work conditions outlined in Section 79 LC, must be established in writing. A probationary period (période d'essai) may be stipulated in the contract, and its duration cannot exceed six months.

▶ Law No. 2017-021 of June 12, 2017 (LL 2017)
→ Under Section L30 LL 2017, the probationary period must be expressly stipulated in writing. It may be the subject of a specific contract, called a probationary contract. This contract includes:
- The job and professional category of the worker;
- The duration of the probationary period, which, in principle, is equal to the length of the notice period but may, however, be longer, up to a maximum of 6 months, including any renewals:
a) To take into account the techniques and practices of the profession;
b) For workers new to their profession, the probationary period is for a fixed term, calculated on a calendar basis. Travel time is not included, where applicable, in the maximum duration of the probationary period.
▻ In the event of termination of the contract during the probationary period or upon its expiry, the return travel expenses of the employee relocated by the employer shall be borne by the employer.
▻ The extension of services after the expiry of the probationary employment contract, without renewal of the probationary period, is equivalent to the conclusion of an indefinite employment contract, effective from the date the probationary period began.

→ Section 10 LC. indicates that the probationary period cannot exceed six months, including renewals, for all workers; however, this maximum probationary period is twelve months for workers who have maintained their habitual residence outside the territory of the Islamic Republic of Mauritania and for workers hired within the scope as defined by collective agreements or regulations.
→ Under Section 9 LC, the trial commitment must, under penalty of nullity, be recorded in writing, either separately or in a clause of the contract that is to become definitive.
▷ Note: These probationary periods only apply in the absence of statutory provisions or clauses of collective agreements that are more favourable.
→ Sections 11 to 14 of the LC provide for sanctions, extension and termination of the trial period.

Under Section 26(1) EA, a probationary period may be included in a contract of employment for a skilled worker, provided it does not exceed 12 months.
→ Section 26 EA indicates that:
(1) In a contract of employment in respect of a skilled worker, the parties may agree on the duration of the probationary period: Provided that the period shall not, in any event, exceed twelve months.
(2) During a probationary period, a contract of employment may be terminated at any time by either party without notice.
(3) For purposes of this section, “skilled worker” means an employee in an undertaking who has special ability to do something, which ability is gained through acquisition, programmed or otherwise, of knowledge, attitude and behaviour.

→ Section 48 of the Labour Law 2023 provides for the duration of the probationary period in indefinite and fixed-term contracts of employment:
1. The indefinite term employment contract may be subject to a probationary period that does not exceed two months for workers not provided for in the following items:
a) three months for mid-level technicians;
b) six months for higher-level technicians and workers who hold management and leadership positions.
2. The fixed-term employment contract may be subject to a probationary period that does not exceed:
a) three months in fixed-term contracts with a duration of more than one year;
b) one month in fixed-term contracts with a duration of more than six months and less than one year;
c) 15 days in fixed-term contracts with a duration of up to six months;
d) 15 days in uncertain term contracts when the duration is expected to be equal to or more than 90 days.

→ Section 49 of the Labour Law 2023 provides for cases of reduction or exclusion of the probationary period:
1. The duration of the probationary period can be reduced by collective labour regulation instruments or by an individual employment contract.
2. In the absence of written stipulation of the probationary period, it is presumed that the parties intended to exclude it from the employment contract.
3. With the reduction of the probationary period, it is not allowed to establish a new term either to complete the reduced one or to extend the established one.

→ Section 50 of the Labour Law 2023 provides for the calculation of the probationary period, which indicates that:
1. The probationary period is counted from the beginning of the execution of the employment contract.
2. During the probationary period, the days of absences, even if justified, leave or dispensation, as well as contractual suspension periods, are not considered for the purpose of evaluating the worker, without prejudice to the worker's right to remuneration, seniority, and vacations.

There is no reference to probationary period in the LA.

▷ Labour Code (LC)
▻ Indefinite Employment Contracts
→ Under Section 52 of the LC, the probationary period is optional. It must be established in writing and cannot be concluded or renewed for a period longer than the time required to test the worker's skills, given the technology and practice of the profession. The maximum duration of the trial period and its renewal are set by collective agreements, or in their absence, by Ministerial orders.
The maximum probationary period for permanent contracts cannot exceed 6 months, including renewals. It is extended to one year for workers hired outside of Niger.
▻ Fixed-Term Employment Contracts (FTCs)
→ Section 60 of the LC provides that FTCs may include a probationary period (not mandatory). The duration of probationary periods for FTCs cannot exceed one month. Renewed FTCs cannot include any probation.

▷ New 2022 Inter-occupational Collective Agreement (ICA 2022):
→ Section 12 of the new ICA 2022 states that: The definitive hiring of a worker may be preceded by a trial period, which must be stipulated in writing and whose duration varies according to the worker's professional category and the type of contract concluded.
▻ During the trial period, either party has the reciprocal right to terminate the contract without indemnity or notice. However, the compensatory indemnity for unused leave remains due.
▻ The maximum duration of the trial period provided for in Section 52, paragraph 2 of the Labour Code is set as follows:
– 8 days for workers paid by the hour or by the day;
– 1 month for workers paid by the month, supervisors, technicians, and similar;
– 3 months for engineers, senior executives, and similar.
▻ The trial period is renewable only once, provided there is a prior agreement between the parties. An employer who wishes to renew the trial period must inform the worker in writing:
– At least 5 days before the end of the trial period when it is 1 month;
– At least 15 days before the end of the trial period when it is 3 months.
▻ However, in fixed-term employment contracts (COD), the trial period cannot exceed one (1) month, for all professional categories combined, in accordance with Section 60 of the Labour Code.
▻ During the trial period, the worker must receive at least the minimum wage for the professional category of the position to be filled.
▻ An employer who relocates a worker for a trial period must cover, at their own expense, the round-trip travel of the worker from the place of hiring to the place of work.
▻ If the employer uses the worker's services beyond the trial period, the engagement is considered definitive.
→ Section II(b) of the Appendix No. 1 of ICA 2022 establishes the duration of the probationary period according to the worker's category:
II. Duration of Notice and Trial Periods
b) The Trial Period.
The trial period is set at:
– 8 calendar days for workers with non-monthly wages;
– 1 calendar month for workers with monthly wages; supervisors, technicians, and similar;
– 3 calendar months for engineers, senior executives, and similar.
▻ The renewal of the trial period shall be carried out in accordance with Section 12, paragraph 5 of this interprofessional collective agreement.

▻ There is no maximum statutory probationary period. However, the LA requires the employer to give his/her employees a written statement specifying the term of employment within 3 months from the beginning of a worker's period of employment (Section 7(1) LA).
▻ Note that since the LA does not exclude probationary employees from its ambit, the statutory notice periods (see below) also apply to probationary employees.

→ Section 29(4) LA indicates that: The probationary period shall not exceed three months, with the exception of the training period. A contract of service is considered indefinite if the period is not specified and the probationary period has elapsed, unless the contract is terminated by either party.

▷ Labour Code (LC)
→ Under Section L. 38 LC, the maximum probationary period is six months, including any renewals. Specific collective agreements may specify shorter durations, such as three months for managers and one month for non-managers
▷ Inter-occupational collective agreement
→ Section 11 of the Inter-occupational collective agreement foresees specific trial periods according to the worker's category, as follows:
• 1 month for monthly paid workers, supervisors, technicians and similar workers;
• 3 months for engineers, managers;
• 8 days for workers paid on an hourly or daily basis.
The trial period can be renewed once.

▶ Labour Code
→ Section 54 LC provides that: The maximum probationary period for permanent contracts cannot exceed:
▻ Six months for managers,
▻ Three months for white-collar workers, technicians and supervisors, and
▻ One month for any other employee.
▶ Collective Agreement
→ Section 15 of the General Collective Agreement indicates that a trial period may be provided for in the hiring of any worker, the purpose of which is to allow his/her employer to assess his/her ability to satisfactorily perform the tasks corresponding to the job applied for. The duration of this trial period is set at:
▻ 15 days for workers paid on an hourly basis;
▻ 1 month for monthly paid workers;
▻ 3 months for executives, first-line supervisors.
The trial period is renewable only once. Under no circumstances should the trial period be confused with the internship that some employees may have completed before starting their employment.

→ Section 67(2) EA: The maximum probationary period is six months. This period can be extended for an additional six months, but only with the employee’s consent, bringing the total potential duration to one year. During this period, a contract can be terminated by either party with at least 14 days' notice.

No maximum duration specified in the legislation.
The probationary period may be negotiated and stipulated in the contract of employment. The Code of Good Practice on dismissal contained in schedule 8 of the LRA stipulates that the probationary period must be of a reasonable duration determined in advance with reference to the nature of the job and the time it takes to determine the employee's suitability for continued employment. The period of probation may only be extended for a reason that relates to the purpose of probation, and the period of extension should not be disproportionate to the legitimate purpose that the employer seeks to achieve. An employer may only decide to extend the probationary period after inviting the employee to make representations and considering them (see sec. 8 (1) of the Code). (see sec. 8 (1) of the Code).

→ under section 27 (1) of ECA 2019: An employee may be employed for a probationary period, not exceeding three months, for the purpose of determining that employee’s suitability for appointment.
→ Under section 27 (5) of ECA 2019: (5) A probationary period under subsection (1) may be extended for a further period not exceeding three months.

→ Under section 12(2)(c) of the Labour Act, an employer shall, upon engagement of an employee, inform the employee in writing on the terms of probation, if any.
→ Under section 12(5) of the Labour Act: A contract of employment may provide in writing for a single, non-renewable probationary period of not more than—
(a) one day in the case of casual work or seasonal work; or
(b) three months in any other case; during which notice of termination of the contract to be given by either party may be one week in the case of casual work or seasonal work or two weeks in any other case.

Art. 34 of New Labour Act provides that probationan periods may last 6 months, expect for a crew member of the long-distance merchant navy, which may last longer, ie until the return of the ship to the home port. (Paragraph 2).

Art. 92 LCL: the first three months of employment of indeterminate contracts, except for seasonal work referred to in Article 96 LCL, are considered a probationary period.
During this time, either party may terminate the employment contract without justification and without liability for indemnification. Notice requirements must however be observed.

1 month for white-collar workers: see sec. 19 White-Collar Employees Act.
Note: The probationary period for blue collar workers is governed by sec. 1158(2) ABGB as amended by collective agreements.
Most collective agreements have amaximum trial period of 1 month.

Art. 51 LC

The distinction between the maximum probationary periods of blue-collars and white-collars workers has been abolished from 1 January 2014 with the 2013 Law introducing a single status between blue-collars and white-collars workers with regard to notice periods.

Accordingly, the parties to an employment contract can no longer provide for a probationary period in a contract of employment concluded after 1 January 2014. Should such a clause be introduced, it would be considered invalid and void. Transitional measures apply to clauses concerning probationay periods included in contracts concluded before 1 January 2014.

However, probationary period may still apply to student occupation contracts as well as to contracts governed by the Act of 24 July 1987 on temporary work.

Further information: http://www.emploi.belgique.be/defaultTab.aspx?id=41845

Art. 70 LC

Art. 13 of the Labour Code: When an employer or worker is dismissed for due to the employer´s initiative, the employer must compensate the worker for the service, with the amount of one month salary for every year of work. If the time of service does not amount to one year, compensation will be proportional to the number of worked months, excluding the three first months which are considered probationary period. If the employee has worked for more than 8 years, the compensation to be paid will be equally to the one paid in case of voluntary dismissal.

Note: Supreme Decree No. 17289, of 1980, exempts certain categories of workers from the probationary period of Article 13 of the Labour Code.

Art. 445 CLL, single §: Contracts concluded on a probationary basis may not exceed 90 days.
However, for the purposes of determining compensation for unjustified dismissal, the first year of a contract of an unspecified duration shall be deemed to be a trial period and any worker who has not completed such period would not be entitled to compensation (art. 478, § 1° CLL).

No statutory limitations.

Art. 335b(2) CO.
"1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
________
In English:
Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Probationary period is not regulated by law. Fixed-term contracts are used, in practice, as "probationary" time.

Article 78. Maximum duration. The trial period cannot exceed two (2) months. In fixed-term employment contracts, the duration of which is less than one (1) year, the trial period may not exceed one fifth of the term initially agreed for the respective contract, without exceeding two months.

The trial period is not regulated by the legal system. However, it is often confused with the initial term of three months in the contracts for an indefinite period, in which it is possible to terminate the employment relationship without the employer having to pay the notice and severance pay, according to article 28 (a) of the Labour Code.

Article 32 of Labour Code: The trial period is the time in which the worker demonstrates possessing the suitability required for the performance of the position that the worker aspires to occupy and verifies that the conditions and characteristics of the workplace correspond to the worker´s interests and the employer guarantees the information, the means, the necessary conditions and determines the demonstrated suitability of the worker. During the same, either party may terminate the employment relationship. Compliance with the trial period is not required for those hired for a specified time or for the execution of a job or work, for the fulfillment of social service and by decision of the employer in other cases. The trial period is established between thirty and up to one hundred and eighty days; Its duration is determined in correspondence with the complexity of the position and is agreed in the Collective Labor Agreement. If after this, the parties do not express their will to the contrary, the employment relationship is formalized for an indefinite period. For seafarers, the trial period can be extended to the length of the first campaign or voyage

Sec. 3 and 9 TEA.

Articles 9 - It shall further be understood that no probationary period shall be longer than one hundred and four weeks (24 months), and any probationary period longer than 26 weeks shall fall within this reservation by means of a letter of agreement between the employer and the employer at the time of the entry into force of the employer's employment.
(2) In all cases before the Labour Court, a dispute under this Article shall be presumed, until proven otherwise, that the employment was not on a trial basis.

Previously to the amendments which took effect in 2012 Sec. 35 LC provided for a trial period of 3 months. With the new rules trial period may not be longer than 3 consecutive months from the date when the employment relationship commences(sec 35.a), however the trial period has been extended for up to 6 months from the date of commencement of the employment relationship where it concerns a managerial employee (35.b).

Article 15 of Labour Code - Trial contract.
(1) In any contract of those referred to in the first paragraph of the article 14, when it is held for the first time, a trial time may be concluded, with a maximum duration of ninety days. Once this term has expired, it will automatically be understood to continue in effect for the time remaining to complete the 1 year. Such a contract may not be concluded but once between the same parties.

(2) During the trial period, either party can freely terminate it.

(3) The employer may not simultaneously maintain workers with a trial contract for a number that exceeds fifteen percent of the total of its workers. However, employers that start operations in the country, or existing ones that expand or diversify their industry, activity or business, will not be subject to the fifteen percent percentage during the six months after the start of operations, expansion or diversification of activity, industry or business. In the case of expansion or diversification, the exemption of the percentage will not be applied with respect to all the workers of the company but exclusively on the increase in the number of workers of the new commercial or industrial activities.

The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).

Sec. 4, chap. 1 ECA.
The probation period can be prolonged retroactively if the employee has been unable to work for at least 30 days during the probation period. In case of a fixed-term contract, the probation period can not be longer than half the duration of the contract. Collective bargaining agreements can stipulate shorter probation periods. The employer must notify the employee of such if they exist.

Art. L 1221-19 LC & L. 1221-21 LC: max. 4 months for managers (shorter periods apply for other categories of workers) renewable once.

The ERA does not regulate the probationary period as such. However, it provides for a "qualifying period of employment" which is comparable to the probationary period insofar as employees are excluded fiom the protection against unfair dismissal during that period of time (sec. 108) ERA.
New as of 6 April 2012:
Sec. 108 ERA has been amended by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012. As a result, the qualifying period of employment has been extended from 1 year to 2 years.

Art. 9 Labour Code:
1. A labour agreement with an employee may be concluded only once for a trial period of no more than six months. A labour agreement for a trial period shall be concluded only in writing.
2. The work during a trial period shall be payable. The amount of payment and the payment procedure shall be determined by the agreement of the parties.
3. An employer may, at any time during the trial period, conclude a labour agreement with the employee or terminate the labour agreement for a trial period.

Since 2012: The first 12-month period of an employment contract of an indefinite duration shall be deemed a probationary period during which the contract may be terminated without notice and without severance pay, unless otherwise agreed by the parties. Subparagraph IA. para.12. section 1 of Law 4093/2012)
With regard to the dismissal of blue-collar workers for which no notice is required (see below), the severance pay requirements only applied to workers with at least two months of service.

Article 81 of Labour Code provides that In all indefinite period contracts, the first two months are considered trial period, unless by mutual convenience the parties agree to a shorter period. During the trial period, either party may terminate the contract, of their own free will, with or without just cause, without incurring any liability.
The simulation of the trial period is prohibited, with the purpose of evading the recognition of the inalienable rights of the workers and those derived from the employment contract for an indefinite period. If one or more companies hire workers to provide their services to another company, the latter will be liable to the affected workers, in accordance with the law.

Article 49.- The trial period, which cannot exceed sixty (60) days, is the initial stage of the employment contract, and is intended by the employer to assess the skills of the worker, and by him , the convenience of working conditions. This period will be remunerated, and if at the end of either party expresses its will to terminate the contract, it will continue indefinitely.

Article 50.-The trial period must be stipulated in writing, and otherwise, the services are understood to be regulated by the general rules of the employment contract. In the employment contract of the domestic workers, the first fifteen (15) days of service is presumed as a trial period.

Article 52.-During the trial period, either party may terminate the contract, of their own free will, with or without just cause, without incurring any liability. Workers in trial period enjoy all benefits, with the exception of pre-notice and severance pay. If a new contract is concluded between the same contracting parties and for the same type of work before one (1) year has elapsed, this shall be understood for an indefinite time, without in this case the trial period taking place.

•Pursuant to sec. 45(5) LC, the trial period may not exceed 3 months from the date of commencement of the employment relationship. In the event that a shorter trial period has been stipulated, the parties may extend the trial period once. In either case, the duration of the trial period may not exceed three months. According to sec. 50(4) and 277(2) of the LC, a collective agreement may extend the term of the trial period, but it still may not exceed six months. Such an extension may be included in a works agreement as well provided that the employer is not covered by the collective agreement, or there is no trade union at the employer with entitlement to conclude a collective agreement (LC, sec. 268(1)).

Art. 60 MA.
However, fixed-term contracts cannot stipulate a probation period (art. 58 (1) MA).

However, sec. 2 (a) MSO lists the following categories of workers ("classification of workmen"):
(1) permanent,
(2) probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices.
A definition of a "probationer" given in the sec. 2(c) MSO states that a probationer is a worker employed to fill in a permanent vacancy and has not yet completed three months' service therein.

The length of probationary periods is provided by collective bargaining agreements. However, Article 10 of Law No. 604 of 1966 provides for a maximum length of 6 months.

Section 3, subparagraph 4 of Employment (Termination and Redundancy) Act mentions the possibility of probationary period superior to 90 days.

Art. 35 LL:
"A. The employer may recruit any employee under probation to verify his/her qualifications and capabilities to carry out the required work provided that the probation period shall not exceed in any case three months and the wage of the employee under probation shall not be less than the minimum limit decided for wages.
B. The employer may terminate the employment of the employee under probation without a notification or remuneration during the probation period.
C. If the employee has continued working after the expiry period of the probation, the contract shall be considered as unlimited period work contract, and the probation period shall be considered within the period of service."

The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that "the probation period is not assumed, it must be agreed upon by both sides when signing the contract. The worker may not be put on probation more than once by the same employer."

Probationary periods are frequently used in practice. There is no statutory provision on the maximum duration of probationary periods. In practice, three-month probationary periods are most commonly used and the majority of them are set with the duration of one to six months.

In case of indefinite contracts, under the Japanese case law, probationary contracts have been considered as labour contracts in which the employer’s right of cancellation is reserved. The scope of employer's freedom to dismiss a worker based on such a reserved cancellation right should be recognized as broader than an ordinary dismissal. However, the exercise of the reserved cancellation right of the employer should be permitted only when, viewed in the light of the aims and objectives in reserving a cancellation right, the dismissal can be justified on the basis of objectively reasonable grounds and generally accepted norms. (See: Mitsubishi Jushi Case, Supreme Court (1973), SMS, Vol. 27, No. 11, p. 1536 as cited in Tadashi A. Hanami, Fumito Komiya, Ryuichi Yamakawa: "Japan", in R. Blanpain (ed.): International encyclopaedia for labour law and industrial relations (The Hague, Kluwer Law International, 2015), p. 79)

Art. 62 LC: The probationary period may not exceed 3 months for all workers and 6 months for high-level managers.

Article 37 of the Labour Code.

Art. 16 ED-LSA (Definition of Probationary Worker): "For the purposes of subparagraph 5 of Article 35 of the Act, the term “probationary worker” means a worker for whom less than three months have passed since the start of his/her probationary period."

Article 36 of the Labour Code
For workers in executive positions and their deputies, accountants and their deputies, heads of branches and representative of the organizations – the probation may extent to six month period.

No statutory limitation.

Art. L 121-5 LC: the trial period should not exceed 6 months.
One exception however: when the starting gross salary reaches a certain level to be determined by decree, the notice period is 12 months.
______________
Art. L. 121-5 du Code du Travail:
(1) Sans préjudice des dispositions de l’article L. 122-8, alinéa 2, le contrat de travail conclu pour une durée indéterminée peut prévoir une clause d’essai. (...)
(2) La période d’essai convenue entre parties ne peut être inférieure à deux semaines, ni supérieure à six mois.
Par dérogation aux dispositions de l’alinéa qui précède, la période maximale d’essai ne peut excéder: trois mois pour le salarié dont le niveau de formation professionnelle n’atteint pas celui du certificat d’aptitude technique et professionnelle de l’enseignement secondaire technique; douze mois pour le salarié dont le salaire mensuel brut de début atteint un niveau déterminé par voie de règlement grand-ducal.

Art. 36 LC: Maximum 6 months renewable once.
See also, the Decree No 2007-008, Arts. 3, 4 and 5:
The duration of the probationary period varies according to the workers' category (5 categories in total) as follows:
- 3 months for skilled and unskilled blue-collar workers and white-collar workers who do not have managerial responsibilities (cat. 1,2, 3);
- 4 months for engineers, employees with supervisory or managerial functions (cat. 4); and
- 6 months for high-ranking executives (cat. 5).
The probationary period can be renewed once.

•Article 39-A establishes that: In contracts for an undetermined period of time and those exceeding 180 days, a probationary period of no more than 30 days can be established, with the sole aim of verifying that the employee meets the requirements and knowledge demanded for the vacancy.

The probationary period set in the previous paragraph, can extend to 180 days, only for the recruitment of directing and managing posts, or other persons exercising directing or management functions in the enterprise or business, or to perform technical or specialized tasks. […]
This modality has to be agreed in writing, otherwise the employment relationship will be considered permanent (Art. 39-C).

There is an additional modality to the contract/employment relationship included in Art. 39-B for initial training. The maximum duration is of 3 months. For directing and management posts or specialized post this period could be extended up to 6 months. This modality has to be agreed in writing, otherwise the employment relationship will be considered permanent (Art. 39-C).

Article 28 of Labour Code provides that in indefinite term contracts, the parties may agree to a trial period of no more than thirty days during which any of them may terminate the employment relationship without any liability to them.

Art. 7:652 (3), (4) and (5) CC.
Probationary period shall be, as a maximum, 2 months when the contract is of indefinite duration or concluded for more than 2 years, and 1 month if the employment contract is concluded for less than 2 years but more than 6 months. If the contract is concluded for less than 6 months no probationary period is possible.

Art. 15-6 (3) of the Working Environment Act sets out the trial period may be agreed for up to 6 months. However, this may be extended in two cases:
1. If an employee has been absent from work during the trial period, the employer may extend the agreed trial period by a period corresponding to the period of absence. Such extension may only take place when the employee has been informed of this possibility in writing at the time of his appointment and when the employer has informed the employee of the extension in writing prior to expiry of the trial period. The right to extend the trial period shall not apply to absences caused by the employer.
2. The Ministry may issue regulations permitting agreement on a trial period longer than six months in the case of certain groups of employees (Art. 15-6 (4) and Art. 15-6(5) of the WEA).

During the probationary period, employee can only be dismissed on the grounds of the employee's lack of suitability for the work, or lack of proficiency or reliability (Art. 15-6(1) WEA). In the case of termination of employment under a trial period a 14 days' notice is required (art. 15-3(7) WEA).

Note on terminology: The Law distinguishes between probationary and trial period. The term used in the Act is “Trial Period”. A “probationary period also exists but it is different than trial periods and doesn’t provide any duration requirements (see s 67).

Section 67 ERA - Probationary arrangements:
(1)Where the parties to an employment agreement agree as part of the agreement that an employee will serve a period of probation after the commencement of the employment,—
(a) the fact of the probation period must be specified in writing in the employment agreement; and
(b) neither the fact that the probation period is specified, nor what is specified in respect of it, affects the application of the law relating to unjustifiable dismissal to a situation where the employee is dismissed in reliance on that agreement during or at the end of the probation period.
(2) Failure to comply with subsection (1)(a) does not affect the validity of the employment agreement between the parties.
(3) However, if the employer does not comply with subsection (1)(a), the employer may not rely on any term agreed under subsection (1) that the employee serve a period of probation if the employee elects, at any time, to treat that term as ineffective.

Section 67A ERA - When employment agreement may contain provision for trial period for 90 days or less:
(1) An employment agreement containing a trial provision, as defined in subsection (2), may be entered into by an employee, as defined in subsection (3), and an employer.
(2) Trial provision means a written provision in an employment agreement that states, or is to the effect, that—
(a) for a specified period (not exceeding 90 days), starting at the beginning of the employee’s employment, the employee is to serve a trial period; and
(b) during that period the employer may dismiss the employee; and
(c) if the employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.
(3) Employee means an employee who has not been previously employed by the employer.
(5) To avoid doubt, a trial provision may be included in an employment agreement under section 61(1)(a), but subject to section 61(1)(b).

See also: Section 67B ERA - Effect of trial provision under section 67A.

Art. 78 LC: a probation period can be stipulated when the work requires certain aptitudes or special skills. The maximum duration of the probation period is three months, provided that it is expressly contained in the written contract of employment.

General rule: Probationary periods may last three months, at the end of which the worker gains the right of protection against unlawful dismissal (art. 10 LPCL).
Extension: The parties may agree to extend the probationary period where the work to be undertaken requires a period of training and adaptation or where the nature of the work or responsibility entailing such extension may be justified (art. 10 LPCL).
Extension of the probationary period must be established in writing and may not exceed:
- six months in total in the case of skilled workers and persons in positions of trust,
- one year for managerial personnel.

Art. 296 LC

Art. 25 para. 2 LC: An employment contract for a trial period shall be concluded for a period of no longer than three months in order to check the employee’s qualifications and the possibility of his employment to carry out a specific type of work.
Art. 25 para. 3 LC: Renewing the employment contract for a trial period with the same employee is possible:
1) if the employee is to be employed to perform a different type work;
2) after at least 3 years from the date of termination or expiration of the previous employment contract if the employee is to be employed for the purpose of performing the same type of work; in such case, the renewal of the employment contract for a trial period is possible only once.

With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
1) Contract of indefinite duration (open-ended contract):
- As a general rule, the standard statutory duration of the probationary period shall be 90 days.
- It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust. The reform of 2019 also included first-time jobseekers and long-term unemployed workers in this list.
- The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

2) Contract of definite duration (fixed-term contract):
For FTCs, the length of probationary period depends on the duration of the contracts. It is:
- 30 days in the event of a FTC concluded for at least 6 months;
- 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

The probationary period can be excluded or reduced by written agreement of the parties. It can also be excluded or reduced according the duration of the previous FTC for the same activity, previous temporary contract for the same position, outsourcing for the same final object, internship or traineeship, for the same employer (art. 112°, 4, LC). It can be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)

New in 2019:
During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause, except in cases in which the contract has lasted more than 60 days, in which case the employer must give a prior notice of 7 days, and more than 120 days, in which case the employer must give a prior notice of at least 15 days (Art 114°, 2 and 3, LC). In case of failure to comply with previous notice, a compensation is due according to the missing time. (art. 114, LC)

According to articles 58 of Labour Code, it is possible to establish a trial period that will be aimed at the employer, assessing the skills of the worker and, on the part of the latter, verifying the appropriateness of the conditions of the contracted work. This period will have a maximum of the following duration: a) Thirty days for domestic service personnel and unskilled workers; b) Sixty days, for qualified workers or apprentices; and, c) In the case of highly specialized technical workers, the parties may agree on a different period from the previous one, according to the modalities of the contracted work.
In addition, according to article 59 of same Code, if at the end of that, none of the contractors express their express wish to terminate the employment contract, it will continue in force in the agreed form, the trial period must be computed for all legal purposes. In the event of a new contract between the same contractors and for the same type of work, there will be no trial period.

Art. 31 LC:
- maximum 90 days for operational positions [previously: 30 days];
- maximum 120 days for managerial positions for operational positions [previously: 90 days];

Specific rules are applicable to certain categories of workers:
- persons with disabilities: 45 days (Law no. 448/2006);
- higher-education graduates: 6 months (Law no. 335/2013);
During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

- Art. 85 LC establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
- 5 working days, for a FTC of less than 3 months;
- 15 working days, for a FTC between 3 and 6 months;
- 30 working days, for a FTC exceeding 6 months;
- 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Article 70 of the Labor Code: the probationary period cannot exceed 3 months for all workers and 6 months for some managers and financial officers.

•Art. 13 LL provides that the probation period cannot exceed 3 months. However, after the written evaluation of the employee’s performance notified to the employee, the employer can for valid reasons related to the nature of work, employee’s performance and conduct, decides that an employee retakes the probation for a period not exceeding three (3) months.

The EA does not refer to any probation period.
However, it is common practice for employees to serve a 3 to 6 month-probationary period.

Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

•Sec. 45 LC:
(1) A probationary period may be agreed in an employment contract for a maximum of three months, except in the case of an executive employee who reports directly to the statutory body or a member of the statutory body and in the case of an executive employee who reports directly to such an executive employee, where the maximum shall be six months. A probationary period may not be prolonged.
(2)The probationary period shall be prolonged by periods of obstacles to work on the part of the employee.
(3)The probationary period must be agreed upon in writing or otherwise it shall be invalid.
(4)A probationary period may not be agreed if a fixed term employment relationship is renewed.

Art. 28 LC: maximum 30 days. Within this period either party can terminate the contract without cause.
Once this time is exceeded, the employment contract will be considered open-end, unless the parties have a fixed term of termination according to the cases provided by law. A new probationary period cannot be stipulated, if a new contract between the same contracting parties and the same work is concluded before one year has elapsed.

The LPA does not regulate the duration of the probationary period.

Art. 28(1) LC.

Art. 28 LC: The probationary period cannot exceed 3 months for workers and 6 months for managerial employees.

Art. 18 LC provides that in every contract of employment, the duration of the probationary period is governed by collective or individual agreement, by custom or by the law.
The LC does not set out any maximum or minimum duration for the probationary period.
However, the duration of the probationary period is regulated by the Collective Framework Agreement (as amended). Art. 10 of the CFA stipulates that such trial period shall be:
- 6 months for workers ("agents d'exécution")
- 9 months for first line supervisors ("agents de maîtrise")
- 1 year for executives.
The trial period can be renewed once.
[2 years = probationary period for executives (1 year) renewed once]
________________
Art. 18 du Code du travail (LC) prévoit que dans tout contrat de travail, la durée de la période d'essai résulte des conventions collectives ou particulières, de l'usage ou de la loi. Le Code du travail ne fixe pas de durée maximale ou minimale pour la période d'essai.
Toutefois, la durée de la période probatoire est régie par la Convention collective dont l'article 10 dispose que la période d'essai est fixée comme suit :
- pour les agents d'exécution: six mois.
- pour les agents de maîtrise : neuf mois.
- pour les cadres : une année.

(La durée de 2 ans indiquée ci-dessus correspond à la période probatoire pour les cadres supérieurs (1 an) renouvelée une fois)

Art. 15 LA: The parties can agree on a probationary clause in the employment contract which shall not exceed 2 months. It can however be extended by collective agreement. During the probationary period, the parties are free to terminate the contract without observing the notice requirements.
Note: Employees with less than 6 months' service are excluded from the job security provision which provides for protection against unjustified termination (Art. 18 LA - see below valid grounds).

The ELRA does not regulate probationary period as such.
However, pursuant to Art. 35 ELRA, the provisions on Unfair Termination of Employment do not apply to workers with less than 6 months' employment with the same employer, whether under one or more contracts.

Art. 27 LC provides for the probationary period which can not be longer than 3 months. However it can be prolonged for 3 months more in some special cases and in consultation with appropriate representative body. In case that the employee was absent from work because of the temporary disability or other valid reasons, probation period may be extended for the number of days the employee has been absent. (Art. 27 LC)

There is no legal regulation of the probationary period, however, trial period is largely accepted and used by employers. Jurisprudence has admitted that dismissals within 90 days do not generate compensation to the worker subject to the trial period.
According to article 7 of Law on Youth Employment, in the employment relationship of young workers, a trial period may be foreseen for a period of up to thirty calendar days for contracts of six to eleven months duration and up to sixty days for contracts of twelve to eighteen months duration.

Art. 85 LC

The OLL does not establish a probationary period for workers, however, it establishes a period of 30 days in which the worker is not protected by the right to a stable job place and, therefore, can be dismissed without just cause (Art. 87 OLL). Academics considers this to be a non-explicit probationary period.

Note that article 80 OLL foresees a trial period of 90 days for workers that are being promoted. In case of failure, the worker will be reinstalled in its previous

Article 36
(1) The employment contract may stipulate a probation work for performing one or more associated or related activities determined by the employment contract.
(2) The probation work may last for a maximum of six months.

Sec. C8 LC: The probation period may not exceed 3 months, unless there is provision for a greater period in a collective agreement.
During his probation period, an employee's employment may be terminated without any reason.

Art. 92 LC: the probationary period cannot exceed 3 months. However the probationary period up to 6 months may be established by law for some categories of workers.

→ Section 19 ECL.
The maximum duration of the probationary period varies according to the duration of the employment contract, as follows:
- term ranging from 3 months to less than 1 year: maximum one month;
- term ranging from more than 1 year to less than 3 years: maximum two months;
- more than three years and open-ended contracts: maximum 6 months.
No probation period shall be specified in an employment contract concluded for the completion of a specific task or an employment contract concluded for less than three months.

Sec. 68 LC: the probationary period cannot exceed three months for regular employees, two months for specialized workers and one month for non specialized workers.

No reference to probationary period in the legislation.
In practice, employees on probation enjoy the same rights as a permanent employee and they cannot be terminated without just cause.

Sec. 622 (3) CC

- There is no general legislation regarding probationary periods in Denmark. For salaried employees (white-collar employees) however, a probationary period of up to three months may be agreed. This period cannot be extended. During the probationary period both parties are entitled to terminate the employment contract by giving 14 days of notice.
- Sec. 2 (5) ESEA provides that: "if the employer can substantiate that the engagement is on probation and that the employment relationship does not exceed a period of three months, termination on the part of the employment may take place given a period of notice of at least 14 days¿

Art. 86 ECA

Section 130 Labour Act: (1) Subject to subsection (2), a new employee may be required to serve a probationary period of not more than twelve weeks or a shorter or longer period of time agreed to between the employer and the employee.

Art. 60 (1) LC.
- A probation period can be established for about 3 months.
- For managers: up to 6 months.
- For unqualified workers: max. 30 days.

*Specific rules applicable to FTC: art. 61 LC
- 15 days max. for a contract concluded for a duration of 3 to 6 months.
- 30 days max. for a contract concluded for a duration of more than 6 months.

Art. 60 LRA: the probationary period can not be longer than 6 months. It can only be extended in the cases of justified absence from work (eg. illness, etc).

Section 23.2.3. LC was amended by Law of 21 April 2017

Art. 53 LC: probationary period is extended to up to 180 days with the 2015 reform.

Sec. 6 EPA.
Refers to the possibility to conclude "contract for probationary employment, provided that the probationary period does not exceed 6 months".

Employees who are represented by a union are generally covered by a collective- bargaining agreement that contains a provision defining the probationary period (often between 30 and 90 days).

Art. 37 FLLR: max. 6 months (not renewable).
Termination during that period is allowed without notice or end of service payment.

Art. 49 LL.

Art. 28 LC.

Art. 7, Decree 2003: The employer and the employee may agree on a probationary period not exceeding 60 days in respect of highly specialized technical work, 30 days in respect of work that requires a secondary skill level, and 6 days in respect of other work.