When concluding an employment contract, in accordance with Article 60 of the Law on labor relations, it is possible for the employer and the employee to agree on a probation period when establishing an employment relationship.
In that case, in addition to all the rights and obligations of the employment relationship, the amount of the salary and the duration of the probation period are determined in the employment contract. The period of probation cannot be longer than four months or for performing seasonal work it cannot be longer than three working days. Probationary work can be continued only in case of justified absence from work (sickness, etc.). The duration of the probation period, in addition to the Law on Labor Relations, is also regulated by the collective agreements in which the duration of the probation period is determined according to the type and degree of complexity of a specific workplace.
Although the Law on Labor Relations does not explicitly stipulate, the probation period can be agreed both when concluding an Employment Agreement for an indefinite period of time, and when concluding an Employment Agreement for a fixed period of time. But what we note in practice is that the probation period is most often applied when concluding an employment contract for an indefinite period.
The purpose of the probation period is to check the abilities and skills of the employee in order to determine whether the employee meets the requirements for the position for which the employment contract was concluded. On the one hand, the probation period is in the interest of the employer in order to determine whether the employee will successfully respond to the requirements and work duties of the workplace, and on the other hand, it is in the interest of the employee to familiarize himself with the working conditions and the requirements arising from the type and nature of the work he will perform, which will allow the employee to assess whether the job for which he concluded the employment contract suits him.
What is not explicitly determined by the Law on Labor Relations is the question of whether the employer can agree on a probation period with the employee only once, that is, when establishing the employment relationship, or whether it is possible to agree on a probation period several times. The answer to this question must be sought in the interpretation of the provisions of the Law on Labor Relations as well as judicial practice.
From the interpretation of the provisions of the Law on Labor Relations, it follows that a probation period does not have to be agreed only when the employment relationship is first established with the same employer, but the employer can agree a probation period with the employee when a new employment contract is concluded for the performance of work obligations for a job in which the employee has not previously worked, and are for the purpose of checking the work abilities of the employee that the new job requires. This is because, when changing the workplace with the same employer, it is necessary to conclude a new employment contract which will determine the rights and obligations arising from the new workplace for which the employee will conclude a new employment contract.
In this context, it remains debatable whether the employee would accept a new employment contract for a new job with a probationary period included, in a situation where the employee has already concluded an employment contract for an indefinite period of time for the already existing job (for which the probationary period was not agreed upon or the probationary period has already passed).
Characteristic of the employment contract with an agreed probation period is that the Labor Relations Law foresees the possibility that the employer can cancel the employment contract in case the employee fails to complete the probation period and this constitutes a valid reason for the termination of the employment contract. Of course, in this case, for the duration of the probation period, the employee can also cancel the employment contract with a notice period of three working days.