Can an employer set a probation longer than 3 months?
No — a probation period cannot be longer than 3 months. Article 36 of the Labour Code sets that a probation agreement lasts no more than 3 months, and the parties cannot extend it, even if both agree. Time when the employee was absent for illness, leave or other important reasons is not counted — the probation extends by exactly those days. A popular myth is that during probation an employee has no rights and can be dismissed in an instant. Not true: the minimum wage, work safety and every other guarantee apply, and dismissal for unsatisfactory results is only possible with written notice three working days ahead. In that case no severance is paid. The employee, too, may leave on three working days' notice.
📋 The rules
- Probation — no longer than 3 months (Art. 36)
- It cannot be extended, even by agreement
- Sick and leave days are not counted — the term extends
- Dismissal — written, 3 working days ahead, no severance
- The employee may also leave on 3 working days' notice
🔓 Exceptions
- The parties may agree a probation shorter than 3 months, but not a longer one
- In some cases (e.g. short or certain contracts) no probation is set at all
- During probation the employee has every employment guarantee — lower pay or reduced rights would be unlawful
⚠️ Penalties & fines
Probation is not a 'rights pause'. If an employer sets a probation longer than 3 months, that condition is void and the term is treated as three months, or as no probation at all. Unlawful dismissal during probation (for example, without three working days' notice or without a genuine assessment of results) can be challenged before the labour disputes commission. If the dismissal is found unlawful, the commission or court can reinstate the employee or award the average wage for the period of enforced absence plus compensation. The State Labour Inspectorate can impose an administrative fine for breaches of labour law. It also matters that the minimum wage and all social guarantees apply during probation, so denying them is a separate breach.
📎 Official sources
❓ Frequently asked
How long can a probation period last?
A probation period under Article 36 of the Labour Code cannot be longer than three months. The parties may agree a shorter term, but no longer one, and extending it is prohibited even where both sides agree.
Can the probation period be extended?
The probation agreement cannot be extended. However, time when the employee was absent for illness, leave or other important reasons is not counted, so the probation extends by exactly those days instead.
Can I be dismissed without notice during probation?
No, even during probation the employer must give written notice three working days ahead. Dismissal for unsatisfactory results must rest on a genuine assessment, and no severance pay is due in that case.
Does an employee have rights during probation?
Yes, during probation every employment guarantee applies: the minimum wage, work safety, rest time and other rights. Lower pay or restricted rights purely because of probation would be unlawful and can be challenged.
Can the employee quit during probation?
Yes, the employee may terminate the contract during probation by giving the employer written notice three working days ahead. No reason needs to be given, and no severance pay is due in that case either.
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