The new legislation changes the maximum length of the probationary period. The maximum length of probationary periods for ordinary employees is extended from 3 months to 4 months, and for managers from 6 months to 8 months. However, it is up to the employer whether to negotiate the maximum probationary period with the employee or to keep the agreed probationary period with the employee shorter. The employer also has the option to extend the probationary period by written agreement with the employee. However, the maximum possible duration must be respected.
When agreeing on a probationary period, the condition that the length of the probationary period must not exceed one half of the duration of the fixed-term employment relationship must also be complied with. Thus, if, for example, a managerial employee is employed for one year, his probationary period may not exceed six months.
Another new feature of the probationary period is that it is extended by the number of working days that the employee misses due to leave, work-related obstacles or, now, absence. It is important to emphasise that in this case it is a case of missing entire shifts for the reasons mentioned above.
The probationary period is extended even if a shift is missed for a combination of the above reasons (e.g. half a day doctor, half a day holiday).
Example
An employee does not work 3 shifts because he has taken 3 days leave. - The probationary period is extended by 3 working days.
An employee does not work his eight-hour shift because he took 4 hours of vacation and was at the doctor's office for 4 hours. - The probationary period is extended by 1 working day.
The employee did not work two shifts due to absence. - The probationary period is extended by 2 working days.
The employee did not work half of his shift due to a doctor's appointment. - The probationary period shall not be extended as the entire shift was not missed.
The changes to the probationary period emphasise the precision and clarity of contractual arrangements - employers should ensure that the new rules are strictly adhered to to avoid potential disputes.
