Can a probation period last longer than six months?
No. A probation period may last at most six months — a longer agreed probation is invalid. Article 125 ZDR-1 sets a six-month ceiling; probation may be extended only for the time the worker is absent, for example due to illness. It must be agreed in writing in the employment contract. During probation either side may terminate the contract — the worker at any time, and the employer if, during or at the end of probation, it finds the worker did not successfully complete it; the notice period in that case is seven days. The myth that 'on probation I have no rights and can be dismissed with nothing' is false: a worker dismissed for not successfully completing probation is entitled to severance pay, as for a dismissal on business grounds. If probation is agreed in a fixed-term contract, it is set in proportion to the length of that contract.
📋 The rules
- Article 125 ZDR-1: probation lasts at most six months; an agreement on longer probation is invalid for the excess and does not bind the worker.
- Probation may be extended only for the time the worker is absent (for example on sick leave) — not on business grounds or at the employer's will.
- Probation must be agreed in writing in the employment contract; without a written agreement there is no probation and the general rules on termination apply.
- During probation the worker may regularly terminate the contract at any time, and the employer on unsuccessful completion of probation; the notice period is seven days.
- On dismissal for unsuccessful probation the worker is entitled to severance pay, as set for a regular dismissal on business grounds — probation is not a period without rights.
🔓 Exceptions
- If probation is agreed in a fixed-term contract, its length is set in proportion to the length of the contract and the nature of the work, but never exceeds six months.
- During probation the employer may terminate the contract by extraordinary dismissal if grounds for it exist, or because of proceedings for the employer's closure or compulsory settlement.
- Probation is extended only for the time of the worker's justified absence; the employer cannot extend it because it failed to assess performance within the original period.
⚠️ Penalties & fines
If an employer agrees probation longer than six months or fails to agree it in writing, that clause is invalid and the worker enjoys the full protection of the general rules on termination. A dismissal for unsuccessful probation must be reasoned and provable; if the employer merely claims in general terms that the worker 'did not fit', with no assessment of the probation, the worker can challenge the dismissal before the labour court and seek reinstatement or damages. On such a dismissal the worker is entitled to severance pay as on business grounds and to a seven-day notice period. Supervision of legality is carried out by the Labour Inspectorate, which can fine the employer for an offence. Abusing probation to circumvent a regular employment relationship — for example chaining probation periods — is likewise questionable and open to challenge.
📎 Official sources
- PISRS · statute register (Employment Relationships Act, Article 125) →
- gov.si · Ministry of Labour (conclusion and termination of contracts) →
- Labour Inspectorate RS · supervision of employment relationships →
❓ Frequently asked
How long can a probation period last?
Under Article 125 ZDR-1 probation may last at most six months. An agreement on longer probation is invalid for the excess, and it may be extended only for the time the worker is justifiably absent, for example due to illness or injury.
Can I be dismissed during probation for no reason?
The employer may terminate the contract if it finds you did not successfully complete probation, but it must reason and prove the assessment. A general dismissal with no assessment can be challenged before the labour court, seeking reinstatement or damages.
What is the notice period during probation?
During probation the notice period is seven days, both for the employer's dismissal for failure and for the worker's regular termination. The worker may regularly terminate the contract at any time during probation, subject to that seven-day notice period.
Am I entitled to severance pay if dismissed on probation?
Yes. A worker dismissed for not successfully completing probation is entitled to severance pay, as set for a regular dismissal on business grounds. Probation is therefore not a period without rights, as is often wrongly assumed by workers.
Must probation be written into the contract?
Yes, it must be agreed in writing in the employment contract. If probation is not agreed in writing, it legally does not exist and the general rules on termination apply, which gives the worker much stronger protection against losing the job.
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