Can my employer dismiss me without notice during the probation period in Albania?
No. During probation either side may terminate the contract, but must give 5 days' notice. The first three months of work count as a probation period, unless the parties have agreed otherwise in writing or by collective agreement. Once those 3 months end, the ordinary notice periods based on seniority apply, not the 5-day rule. The myth: “on probation they can throw you out instantly and not pay the days you worked”. Wrong — the notice is 5 days, and every day worked must be paid and declared. Minimum wage, social contributions, working time and protection from discrimination apply from day one. And a discriminatory dismissal does not become lawful merely because it happens during probation.
📋 The rules
- The first three months of work count as a probation period, unless the parties agreed otherwise in writing or by collective agreement.
- During those 3 months, either party may terminate the contract with 5 days' notice.
- The probation period can be shortened or removed by written agreement or by collective agreement.
- Once the 3 months are over, the ordinary notice periods based on seniority apply, not the 5-day rule.
- Minimum wage, social contributions, working time, safety and protection from discrimination apply from day one: “probation” does not mean unpaid work.
🔓 Exceptions
- Where the parties previously had a contract for the same job, a fresh probation period for the same function cannot be imposed without a legal basis.
- A written agreement may provide for a shorter probation period, or for no probation period at all.
- A termination that is discriminatory, retaliatory or otherwise prohibited does not become lawful merely because it happens during probation.
⚠️ Penalties & fines
Ignoring the 5-day notice can create an obligation to pay the wage for the notice period not given — dismissal "on the spot" is not free for the employer. If the real reason is unlawful or discriminatory, compensation may follow as well, and being on probation does not rescue the employer. Days worked must be paid and declared without exception: an "unpaid trial" is simply undeclared work, with consequences for your social contributions and your seniority record.
📎 Official sources
- QBZ · official publications, where the consolidated Labour Code is found →
- State Labour Inspectorate · official site (frequently asked questions) →
- Commissioner for Protection from Discrimination · official site (complaint form) →
❓ Frequently asked
How long is the probation period?
As a rule, the first three months of employment count as probation. The parties can agree in writing, or through a collective agreement, on a shorter period or on no probation at all.
Can they dismiss me with no notice during probation?
No. Article 142 requires 5 days' notice even during probation. The claim that dismissal can happen "with no notice at all" contradicts the text of the Labour Code directly.
Do I get paid during probation?
Yes, in full: minimum wage, social contributions and working-time rules apply from day one. An "unpaid trial" is not a probation period at all, but undeclared work.
What happens once the three months end?
From that point the ordinary notice periods based on seniority apply, not the 5-day rule. Those periods run from 2 weeks to 3 months, depending on how long the relationship has lasted.
Can they dismiss me for a discriminatory reason during probation?
No. A discriminatory or retaliatory termination does not become lawful merely because it happens during probation. A complaint can be filed with the Commissioner for Protection from Discrimination.
🔎 Common searches
What people search to land here:
- “probation period albania employment”
- “dismissal during probation albania”
- “5 days notice probation albania”
- “is probation paid in albania”
- “three month trial contract albania”
- “employee rights during probation albania”