Can you be dismissed on the spot during probation?
No — “on probation they can throw you out at once” is a myth. Probation lasts up to four months from the start of employment, and a longer probation cannot be agreed. For a fixed-term contract of up to eight months, probation is half the length of the contract. Termination follows the same rule on both sides: employer and employee alike may terminate during probation by giving at least 15 calendar days' notice. Notice may be given on the last day of probation — in which case employment ends not at the end of probation but when the notice period expires. And probation does not run while you are not working: days of sickness and leave are not counted towards it.
📋 The rules
- Probation lasts up to 4 months
- Fixed-term contract: half its length
- Notice: 15 calendar days
- It applies to both parties
- Sickness and leave do not count
🔓 Exceptions
- The parties cannot agree on a probation period longer than four months
- Notice may be given on the last day of probation, but the 15 days still run
- Termination must not be discriminatory or otherwise unlawful
⚠️ Penalties & fines
Probation is not a rights-free zone. The employer may terminate without stating special grounds, but the termination must not be discriminatory or otherwise unlawful — prompted, say, by pregnancy, union membership or a claim for leave. If you suspect that was the reason, you can take the dispute to the labour dispute committee, which is free of charge for the employee. The second practical point is the 15 days: an employer who terminates without notice must pay compensation for the notice period not given — that is not an optional courtesy. And factor in the extension: probation does not run during sickness or leave, so the real end date can fall later than the calendar suggests.
📎 Official sources
- Riigi Teataja · Employment Contracts Act →
- Tööelu portal · Probationary period →
- Labour Inspectorate · Legal help →
❓ Frequently asked
How long can probation last?
Probation lasts up to four months from the start of employment, and a longer period cannot be agreed. For a fixed-term contract of up to eight months, probation is half the length of the contract.
How much notice is required?
At least 15 calendar days, and it applies to both parties — employer and employee alike. An employer terminating without notice must pay compensation for the notice period not given.
Must the employer give a reason?
During probation the contract may be terminated without stating special grounds. The termination must still not be discriminatory or otherwise unlawful, for example prompted by pregnancy or union membership.
Does sickness extend probation?
Time during which the employee is temporarily unable to work or is on leave is not counted towards probation. The real end date can therefore fall later than the calendar first suggests.
What can I do about an unfair dismissal?
If you suspect the termination was discriminatory or unlawful, you can take the dispute to the labour dispute committee. It is free for the employee and faster than court, but the claim has a deadline.
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