The probationary or trial period is a minimum employment period during which an employee is not fully covered by employment protection legislation. Convention No. 158 provides that “workers serving a period of probation or a qualifying period of employment, determined in advance and of reasonable duration” may be excluded from all or some of the provisions of the Convention (Art.2(2)(b)). Statutory provisions differ in the exemptions that are permitted, including whether:
(1) protection against unfair dismissal does not apply;
(2) different valid grounds for dismissal, as compared to the general regime are applied;
(3) different notification or severance pay rules; or
(4) various combinations of these cases.
The existence of such exemptions may lead countries to place limits on the duration of the probationary or trial period.
Fixed-term contracts may sometimes be used for the purpose of probation. Thus, for a more complete understanding of the issue, the regulation of probationary periods should be examined jointly with the regulation of fixed-term contracts.
|Year(s)||Country||Country||Remark||Region||no limitation||Maximum probationary (trial) period (in months)|
|2020||Ghana||Ghana||No statutory maximum duration. The Labour Act refers to a "reasonable duration". Probationary period is generally provided in collective agreement
*Art. 66 LA refers to workers serving a probation or qualifying period of employment of reasonable duration determined in advance.
*Art. 98 d) LA : A collective agreement may include provisions on the period of probation and conditions on probation.
|2020||Montenegro||Montenegro||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).||Europe||N||6|
|2020||Nigeria||Nigeria||There is no maximum statutory probationary period.
The LA requires the employer to give his/her employees a written statement specifying the term of employment within 3 months form the beginning of a worker's period of employment (sec. 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.
|2019||Afghanistan||Afghanistan||Art. 17(1) LC.||Asia||N||3|
|2019||Angola||Angola||Art. 18 GLA: The standard probationary period shall be 60 days. However, the parties can extend this period, in writing, to 4 months when a highly qualified employee is concerned, or to 6 months when the worker is hired to perform highly complex technical work or if he/she occupies a managerial position which requires high level education.
If the contract is concluded for a fixed-term, a probationary period can be stipulated in writing provided that it does not exceed 15 days for unskilled workers and 30 days for skilled workers.
During that period, either part may terminate the employment contract without prior justification and prior notice, and without any compensation.
|2019||Argentina||Argentina||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.
|2019||Austria||Austria||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.
|2019||Australia||Australia||There is no statutory probationary period in the FWA.
However, according to s382, 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 s383 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).
|2019||Azerbaijan||Azerbaijan||Art. 51 LC||Europe||N||3|
|2019||Bangladesh||Bangladesh||Sec. 4(8) LA: The probationary period shall be:
- 6 months for a worker exercising functions of clerical nature and;
- 3 months for other workers.
The period of probation of a skilled worker can be extended by an additional period of 3 months if it has not been possible to determine the quality of the work within the first 3 months' period of probation. 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 (sec. 4(9) LA).
|2019||Belgium||Belgium||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
|2019||Burkina Faso||Burkina Faso||Art. 42 LC. The probationary period varies according to the category of workers. It amounts to:
*8 days for workers paid on a hourly or daily basis;
*3 months for executives, technicians and similar positions;
*1 month for the other workers.
It can be renewed once.
The reference to 6 months above corresponds to the probationary period for executives, technicians (3 months) renewed once.
|2019||Bulgaria||Bulgaria||Art. 70 LC||Europe||N||6|
|2019||Bolivia||Bolivia||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.
|2019||Brazil||Brazil||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).
|2019||Canada (Federal only)||Canada (Federal only)||No statutory limitations.||Americas||Y||N|
|2019||Congo, Democratic Republic||Congo, Democratic Republic||Art. 43 LC: the probationary period cannot exceed 1 month for unskilled blue-collar workers and 6 months for the other categories of workers.||Africa||N||6|
|2019||Central African Republic||Central African Republic||Art. 122 LC:
The duration of the probationary period varies according to the worker's category, as follows:
- 8 days for hourly, daily, weekly and fortnightly paid workers;
- 1 month for monthly paid workers;
- 2 months for first-line supervisors;
- 3 months for executive staff.
It can be renewed once.
(6 months = max. probationary period for executives including renewal)
|2019||Switzerland||Switzerland||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. (...)"
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. (...)"
|2019||Côte d'Ivoire||Côte d'Ivoire||Art. 14.5 LC: "Le contrat de travail, qu'il soit à durée déterminée ou à durée indéterminée, peut comporter une période d'essai dont la durée totale maximale est fixée par décret."
Art.2 du Décret No. 96-195.- Dans l’un ou l’autre cas, la durée de l’essai est fixée par écrit comme suit :
• 8 jours pour les travailleurs payés à l’heure ou
à la journée ;
• 1 mois pour les travailleurs payés au mois ;
• 2 mois pour les agents de maîtrise, techniciens
et assimilés ;
• 3 mois pour les ingénieurs, cadres, techniciens
supérieurs et assimilés.
Art. 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."
Art. 2 Decree N° 96-195.
The probationary period varies according to the category of workers as follows:
*1 month for monthly paid workers;
*2 months for supervisors, technicians ans similar workers;
*3 months for engineers, managers, high-level technicians and similar workers;
*8 days for workers paid on a hourly or daily basis.
It can be renewed once.
|2019||Chile||Chile||Probationary period is not regulated by law. Fixed-term contracts are used, in practice, as "probationary" time.||Americas||Y||N|
|2019||Cameroon||Cameroon||*Art. 28 LC
The probationary period cannot exceed 6 months including renewal, except for managerial staff for whom it can be extended to 8 months.
See also: Arrêté n° 017/MTPS/SG/CJ du 26 mai 1993 fixant la durée maximale et les modalités de l'engagement à l'essai.
|2019||Colombia||Colombia||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.
|2019||Costa Rica||Costa Rica||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.
|2019||Cuba||Cuba||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||Americas||N||6|
|2019||Cyprus||Cyprus||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.
|2019||Czechia||Czechia||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).||Europe||N||6|
|2019||Algeria||Algeria||Art. 18 LRA - The probationary period shall not exceed 6 months.
It can however be extended to 12 months when the job requires high level qualification.
The probationary period is fixed through collective bargaining for each category of the workforce or for the entire workforce.
L'article 18 de la Loi No. 90-11 sur les relations de travail (LRA) dispose que "le travailleur nouvellement recruté peut être soumis à une période d’essai dont la durée ne peut excéder six mois. Cette période peut être portée à douze mois pour les postes de travail de haute qualification. La période d’essai est déterminée par voie de négociation collective pour chacune des catégories de travailleurs ou pour l’ensemble des travailleurs."
|2019||Ecuador||Ecuador||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.
|2019||Spain||Spain||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).
|2019||Finland||Finland||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.
|2019||France||France||Art. L 1221-19 LC & L. 1221-21 LC: max. 4 months for managers (shorter periods apply for other categories of workers) renewable once.||Europe||N||8|
|2019||Gabon||Gabon||Art 30 LC 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.
|2019||United Kingdom||United Kingdom||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.
|2019||Georgia||Georgia||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.
|2019||Greece||Greece||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.
|2019||Guatemala||Guatemala||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.
|2019||Honduras||Honduras||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.
|2019||Hungary||Hungary||•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)).||Europe||N||3|
|2019||Indonesia||Indonesia||Art. 60 MA.
However, fixed-term contracts cannot stipulate a probation period (art. 58 (1) MA).
|2019||India||India||However, sec. 2 (a) MSO lists the following categories of workers ("classification of workmen"):
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.
|2019||Italy||Italy||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.||Europe||N||6|
|2019||Jamaica||Jamaica||Section 3, subparagraph 4 of Employment (Termination and Redundancy) Act mentions the possibility of probationary period superior to 90 days.||Americas||Y||N|
|2019||Jordan||Jordan||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."
|2019||Japan||Japan||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)
|2019||Kyrgyzstan||Kyrgyzstan||Art. 62 LC: The probationary period may not exceed 3 months for all workers and 6 months for high-level managers.||Europe||N||6|
|2019||Comoros||Comoros||Article 37 of the Labour Code.
|2019||Korea, Republic of||Korea, Republic of||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."||Asia||N||3|
|2019||Kazakhstan||Kazakhstan||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.
|2019||Sri Lanka||Sri Lanka||No statutory limitation.||Asia||Y||N|
|2019||Lesotho||Lesotho||•Art. 75 LC
General rule: probationary period cannot exceed 4 months during which the employee may be dismissed with one week's notice. However, it may be extended beyond 4 months only with the leave in writing of the Labour Commissioner.
•Art. 8(3) of the Codes of Good Practice (not binding) provides that the probationary period should be of a reasonable length, usually three and sometimes up to four months, having regard to factors such as the nature of the job, the standards required, etc. The period may be extended by agreement.
The Labour Commissioner may grant extension of the probationary period if:
(a) If the Commissioner is satisfied that the nature of the job requires a longer period of assessment to determine the suitability of the employee on probation;
(b) If it is the custom and practice in the industry that a longer period of probation is required for the job;
(c) If the Commissioner is satisfied that the employer requires a longer period of probation in order to assess the employee (Art. 8(7)).
|2019||Luxembourg||Luxembourg||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.
|2019||Morocco||Morocco||The duration of the probationary period is governed by Art. 14 LC as follows:
- Contract of indefinite duration:
* 3 months for executives and similar positions
* 1,5 months for white collars
* 15 days for blue collars
This trial period can be renewed once (i.e. the maximum is twice 3 months: 6 months)
- Fixed-term contract:
* Max. 2 weeks for contract concluded for less than 6 months
* Max. 1 month for contracts concluded for more than 6 months
|2019||Madagascar||Madagascar||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.
|2019||Malawi||Malawi||Art. 26 (1) EA: a probationary period may be included in a contract of employment in respect of a skilled worker provided it does not exceed 12 months.||Africa||N||12|
|2019||Mexico||Mexico||•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).
|2019||Mozambique||Mozambique||Article 47 provides that probationary period can be concluded for:
(1) The employment contract for an indefinite period may be subject to a probationary period that will not exceed:
a) 90 days for workers not provided for in the following paragraph;
b) 180 days for mid-level and higher level technicians and workers who carry out management duties.
(2) The fixed-term employment contract may be subject to a probationary period that will not exceed:
a) 90 days in fixed-term contracts lasting more than one year, reducing this period to 30
days in contracts with a term between 6 months and 1 year;
b) 15 days in fixed-term contracts lasting up to 6 months;
c) 15 days in uncertain term contracts when their duration is expected to be equal to or greater than 90 days.
|2019||Namibia||Namibia||There is no reference to probationary period in the LA.||Africa||Y||N|
|2019||Niger||Niger||Art. 52 of the Labour Code (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 trial period and its renewal is 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 is extended to one year for workers hired outside of Niger.
For fixed-term contracts (FTCs): Article 60 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.
The 1972 Inter-occupational Collective Agreement in appendix No 1. establishes the duration of the probationary period according to the worker's category:
- 8 days for hourly, daily or weekly paid workers;
- 1 month for monthly paid workers;
- 1 to 3 months for first-line supervisors ("agent de maîtrise") and technicians;
- 3 months for engineers, and executives
- 6 months for senior executives.
|2019||Nicaragua||Nicaragua||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.||Americas||N||1|
|2019||Netherlands||Netherlands||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.
|2019||Norway||Norway||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).
|2019||New Zealand||New Zealand||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.
|2019||Panama||Panama||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.||Americas||N||3|
|2019||Peru||Peru||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.
|2019||Philippines||Philippines||Art. 296 LC||Asia||N||6|
|2019||Poland||Poland||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.
|2019||Portugal||Portugal||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)
|2019||Paraguay||Paraguay||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.
|2019||Romania||Romania||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.
|2019||Russian Federation||Russian Federation||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.||Europe||N||6|
|2019||Rwanda||Rwanda||•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.||Africa||N||6|
|2019||Singapore||Singapore||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.
|2019||Slovenia||Slovenia||Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.||Europe||N||6|
|2019||Slovakia||Slovakia||•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.
|2019||Senegal||Senegal||Maximum 6 months including renewal: art. L38 LC.
Art. 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 a hourly or daily basis.
The trial period can be renewed once.
|2019||El Salvador||El Salvador||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.
|2019||Thailand||Thailand||The LPA does not regulate the duration of the probationary period.
|2019||Tajikistan||Tajikistan||Art. 28(1) LC.||Europe||N||3|
|2019||Turkmenistan||Turkmenistan||Art. 28 LC: The probationary period cannot exceed 3 months for workers and 6 months for managerial employees.||Europe||N||6|
|2019||Tunisia||Tunisia||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)
|2019||Türkiye||Türkiye||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).
|2019||Tanzania, United Republic of||Tanzania, United Republic of||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.
|2019||Ukraine||Ukraine||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)||Europe||N||3|
|2019||Uganda||Uganda||Art. 67(2) EA: max. 6 months, which may however be extended for a further period of not more than 6 months with the agreement of the employee.||Africa||N||12|
|2019||Uruguay||Uruguay||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.
|2019||Uzbekistan||Uzbekistan||Art. 85 LC
|2019||Venezuela, Bolivarian Republic of||Venezuela, Bolivarian Republic of||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
(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.
|2019||South Africa||South Africa||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).
|2019||Zambia||Zambia||No statutory provisions on the probationary period. However, note that sec. 26B(4)(d) of the Employment Act excludes employees on probation from termination of the contract of employment on the basis of redundancy. The Minimum Wages and Conditions of Employment (Shop Workers) Order also under Section 6 mentions some provisions only applicable to workers on probationary period, which indicates that it is a lawful legal institution.
|2018||Antigua and Barbuda||Antigua and Barbuda||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.
|2018||Armenia||Armenia||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.||Europe||N||6|
|2018||Botswana||Botswana||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.||Africa||N||12|
|2018||Cambodia||Cambodia||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.
|2018||Malaysia||Malaysia||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.
|2017||China||China||Art. 19 ECL.
The maximum duration of the probationary period varies according to the 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 specific task or an employment contract concluded for less than three months.
|2017||Germany||Germany||Sec. 622 (3) CC||Europe||N||6|
|2017||Denmark||Denmark||- 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¿
|2017||Estonia||Estonia||Art. 86 ECA||Europe||N||4|
|2017||Egypt||Egypt||Art. 33 LL.||Africa||N||3|
|2017||Saint Lucia||Saint Lucia||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.||Americas||N||3|
|2017||Moldova, Republic of||Moldova, Republic of||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.
|2017||North Macedonia||North Macedonia||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).||Europe||N||6|
|2017||Mongolia||Mongolia||Section 23.2.3. LC was amended by Law of 21 April 2017||Asia||N||3|
|2017||Saudi Arabia||Saudi Arabia||Art. 53 LC: probationary period is extended to up to 180 days with the 2015 reform.||Arab States||N||6|
|2017||Sweden||Sweden||Sec. 6 EPA.
Refers to the possibility to conclude "contract for probationary employment, provided that the probationary period does not exceed 6 months".
|2017||United States||United States||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).||Americas||Y||N|
|2013||United Arab Emirates||United Arab Emirates||Art. 37 FLLR: max. 6 months (not renewable).
Termination during that period is allowed without notice or end of service payment.
|2013||Ethiopia||Ethiopia||Art. 11 (3) LP.||Africa||N||1.5|
|2013||Syrian Arab Republic||Syrian Arab Republic||Art. 49 LL.||Arab States||N||3|
|2013||Yemen||Yemen||Art. 28 LC.||Arab States||N||6|
|2011||Viet Nam||Viet Nam||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.||Asia||N||2|
|2010||Iran, Islamic Republic of||Iran, Islamic Republic of||See sec. 11 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 semiskilled workers and three months for skilled and specialised workers".||Asia||N||3|