A probationary period may last for a maximum of 6 months but may be terminated prematurely.
Probationary employment as an employment status
Probationary employment is a fixed-term employment that may not exceed 6 months, but may be shorter. The purpose of a probationary employment is that the employer is given the opportunity to test a person in the position before the employment is transferred to a permanent employment (permanent employment).
What applies in the event of termination?
The provisions on how a probationary employment is terminated or terminated may vary depending on whether there is a collective agreement or not. Collective agreements may in certain respects deviate from the rules in the Employment Protection Act (the act). The rules may differ depending on what the collective agreement is. If, on the other hand, there is no collective agreement, the act will apply.
The employer can terminate the probationary period at any time during the first 6 months, unless otherwise agreed between the employee and the employer. The employment can be terminated by the employer if it is believed that the employee will not be able to handle the tasks within the position. In order for the employment to be terminated, the employer must notify the employee of the termination at least two weeks in advance before the probationary period has expired. It is worth mentioning that the notice does not have to be in writing. In cases where the employee belongs to a trade union, the organization must also be notified of the termination. Both the employee and the organization have the right to discuss the notice with the employer.
Unlike a permanent employment, the employer does not have to negotiate or state the reasons for terminating the employment. However, the reason for the termination must not be discriminatory or unfavorable to the employee. In the event of a deliberation, however, the employee and the trade union can request feedback on why the employer has chosen to terminate the probationary employment.
Employees right of termination
The employee can also terminate his or her employment in advance. The employee has the right to resign from his or her probationary employment and leave the job on the same day as the termination takes place.
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