Dismissal On Test Period

In the labor market, the notion of probation is increasingly encountered. The legislation stipulates that the trial has a maximum period of three months for ordinary employees, for employees, as well as for chief accountants, deputy directors and heads of organizations, heads of branches and representative offices - six months. In the event that the employment contract is concluded for a period of two to six months, the test time shall not exceed two weeks.

Many employers naively believe that dismissal on probation gives them some freedom in relation to the employee. But in fact, this is a delusion.

The probationary period is not a mandatory one, therefore the condition for passing must be agreed with the employee and included in writing in the collective or labor contract. A potential employee must at least be warned before the signing of a labor agreement on the existence of a probationary period.

Legislation restricts potential employees who are protected by the state from the condition of probation. These include:

- persons who passed through the competition for an elective office;

- pregnant women and women with children under the age of one and a half years;

-citizens who have not reached adulthood;

- Young professionals;

- persons exercising authority for positions with a competitive basis;

- employees who came through the transfer;

- employees who have fixed-term employment contracts for up to two months.

If a citizen who is one of the above-mentioned persons will give his consent and he will be dismissed on probation, the employee will be reinstated in connection with the insufficient legal basis for the termination of employment relations.

During the trial period, the employee is entitled to the same rights as permanent employees. As a consequence, non-payment of wages and monetary compensation for the sick-list to the full, deprivation of bonuses is a violation of the Labor Legislation.

After the probationary period, there are only two possible scenarios: either the labor relationship will continue, or the employee will receive a full payment.

In the case when the employee continues his labor activity at the former workplace, then dismissal as an unexamined probationary period will be illegal. The employer does not have the right to do this.

Dismissal on probation is legal until the day it expires. The employer is obliged to notify the employee in writing before the end of the term for three calendar days. There are some debates about the timing, because the legislation does not give a clear definition of this definition.

Absence of the employee for valid reasons prolongs his probationary period. Because during the test period only the actual time worked is included. Employers often apply dismissal on probation to employees precisely because of a long absence, even if the truancy is justified documentarily.

Before starting work, you should ask for a clear explanation of your work responsibilities, if possible, read the job description and read the collective agreement.

All the difficulties that arise at the workplace are best documented in writing and presented to the supervisor, so that, if necessary, you should confirm your competence. Provide evidence in cases of disputed termination of employment relationships, especially if a person is dismissed on probation, the head of the organization is obliged, but in order to protect against unlawful actions, it is preferable for an employee to have his own testimonies.

Dismissal on probation will also be unlawful if it occurs during the absence of the employee during the leave or illness. Such a decision is subject to appeal in court.

The employee is entitled to resign independently during the test. At the same time, he must inform the employer about this no later than three days before the termination of the employment relationship. The employer can not retain such an employee.