The probationary period is the time in which the employer can verify employee’s skills and professional training and is regulated by Articles 31-33 of the Labor Code. This has advantages for both sides (both employer and employee) and usually occurs on the employer initiative.

Legal duration of the probationary period

In order to check the employee’s skills, as is stated in the law, probationary period is determined at the ending of the individual employment contract for an indefinite period with clear according to the position in the company or the situation, as follows:

• no more than 90 calendar days for executive positions;
• no more than 120 calendar days for management positions;
• no more than 30 calendar days for people with disabilities.

In case of fixed-term employment contracts, this period is directly proportional to the duration of the contract and may not exceed:

• 5 working days for the duration of the contract less than 3 months;
• 15 working days for a period between 3 and 6 months;
• 30 working days for a period exceeding 6 months;
• 45 working days for the employees employed in management positions for contract duration of more than 6 months.

For temporary contracts, legal probation may not exceed:

• 2 working days if the temporary employment contract is concluded for a period of less than or equal to one month;
• 5 working days, if the contract is for a period between one month and three months;
• 15 working days if the contract is signed for 3-6 months;
• 20 working days if the temporary employment contract is concluded for a period exceeding 6 months;
• 30 working days for the employees in management positions for a period of temporary contracts more than 6 months.

The employment contract may be ended during or at the end of the probationary period only upon written notification, without notice and without having to motivate its decision. Both the employer and/or the employee can have the initiative of termination of the contract.

The specifics of the probationary period

The probationary period isn’t legally mandatory, therefore it must be accepted by both parties signing the contract. It can be established only probation during the execution of a labor contract.

Exception! A new probationary period can be determined if the employee:

• begins with the same employer in a new position or profession;
• have to perform work in a job in difficult, hazardous or harmful situations.

The probationary period represents seniority, cannot be presumed and cannot be proved by other means than entered it in the individual labor contract.

During the probationary period, employee benefits from all the rights and obligations stipulated in the labor contract, collective agreement applicable to the employer and internal rules.

When you cannot stipulate probationary period

There are two situations in which the law does not allow a probationary period, so no termination of employment without notice:

• in the case of employees with collective dismissal, for whose the employer reestablished the posts within 45 calendar days;
• if an employee who enters into a contract of employment for a position for which they were hired other people in probation for 12 successive months.

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