Probation Period: An Overview
The probation period is essentially a way to assess the professional skills of an employee and often offers advantages for both parties, the employer and the employee. On one hand, during this time, the employer has the opportunity to determine if the new hire is suitable for the job they obtained, while on the other hand, the employee has the chance to understand the company’s organizational culture, meet colleagues, and learn about the specific activities related to their role.
The probation period is regulated by the Romanian Labor Code. Thus, to evaluate the employee’s skills, a probation period can be established upon signing the individual employment contract, provided that employers adhere to certain clear rules, such as:
– For execution positions, the probation period should not exceed 90 calendar days, and for managerial positions, it should not exceed 120 calendar days.
– When hiring individuals with disabilities, the evaluation of professional skills should be conducted exclusively through a probation period of no more than 30 calendar days.
– During or at the end of the probation period, the individual employment contract can be terminated solely by written notice, without prior warning, initiated by either party, without the need for justification.
– During the probation period, the employee is entitled to all rights and has all obligations stipulated in labor legislation, the applicable collective labor contract, the internal regulations, and the individual employment contract.
– For graduates of higher education institutions, the first 6 months following their professional debut are considered a training period. Exceptions apply to those professions where the internship is regulated by special laws. At the end of the training period, the employer is required to issue a certificate, which must be endorsed by the territorial labor inspectorate where the employer is located. The method for conducting this internship is regulated by special law.
Regulations on the Uniqueness and Limitation of the Probation Period
Additionally, the Labor Code includes a set of norms regarding the uniqueness and limitation of the probation period:
– During the execution of an individual employment contract, only one probation period may be established.
– Exceptionally, the employee may be subject to a new probation period if they start a new role or profession with the same employer or if they are to work in conditions that are harsh, damaging, or dangerous.
– The probation period counts towards seniority.
– The maximum period for successive probationary hires for the same position is 12 months.
Duration of the Probation Period
The duration of the probation period varies depending on the type of employment contract between the employee and the employer.
In the case of an individual employment contract with a fixed term, the probation period cannot exceed:
a) 5 working days for a contract duration of less than 3 months;
b) 15 working days for a contract duration between 3 and 6 months;
c) 30 working days for a contract duration exceeding 6 months;
d) 45 working days for employees in managerial positions, for a contract duration exceeding 6 months.
In the case of a temporary employment contract, a probation period can be established for the mission, with a maximum duration of:
a) 2 working days if the temporary employment contract is concluded for a period of one month or less;
b) 5 working days if the temporary employment contract is concluded for a period between one and 3 months;
c) 15 working days if the temporary employment contract is concluded for a period between 3 and 6 months;
d) 20 working days if the temporary employment contract is concluded for a period exceeding 6 months;
e) 30 working days for employees in managerial positions, for a temporary employment contract duration exceeding 6 months.
According to the Labor Code, the employer is obligated to inform the selected individual about the duration of the probation period before signing the individual employment contract.
Additionally, great importance should be placed on the deadlines for the expiration of the probation period. The most convenient solution to manage this concern is through pre-established and personalized automatic notifications, which can be sent to the entire HR department or to each manager individually, at a predetermined date and time, using the MyStaff Notifier feature of the MyStaff human resources software.