The probationary period is a mandatory component of an employment contract. Below is an overview of the key aspects:
FAQ – Probation Period
Question: What is the probationary period and what is its purpose?
Answer: The probationary period is a clause in the employment contract and serves the mutual interests of both contracting parties:
- For the employer: It allows the employer to determine whether the employee’s skills and working methods are suitable for the work to be performed.
- For the employee: It allows the employee to assess whether the working conditions, the work itself, and the working environment meet their expectations.
Question: When is a probationary period invalid?
Answer: For a probationary period agreement to be valid, certain formal and substantive requirements must be met:
The written form is mandatory: the probationary period must be agreed upon in writing. If there is no written agreement regarding the probationary period, the respective clause is invalid and the employer cannot invoke the probationary period.
The probationary period must relate to the activity for which the employee was hired. If the employee is assigned substantially different duties during the probationary period, this may affect the validity of the probationary period agreement.
Question: Where is the duration of the probationary period determined?
Answer: The duration of the probationary period is regulated by law and specified in the individual national collective labour agreements, whereby the duration usually depends on the employee’s classification/category.
As a general rule:
- Maximum duration: Pursuant to the Transparency Decree, the probationary period may not exceed six months. National collective labour agreements may provide for a shorter duration.
- Specific rules for fixed-term contracts (new from 2025): For fixed-term employment contracts, the duration of the probationary period is determined proportionally to the duration of the contract.
- It amounts to one day of actual work for every 15 calendar days from the start of the employment relationship.
- Minimum and maximum limits apply:
- For contracts of up to six months: at least 2 days and no more than 12 days (calculation: 180 calendar days / 15 calendar days).
- For contracts of more than six months but less than twelve months: no more than 24 days (calculation: 365 calendar days / 15 calendar days).
- National collective labour agreements may provide for more favourable provisions for employees.
Question: When is the probationary period extended?
Answer: The probationary period is extended by the corresponding duration in the event of absences due to sickness, occupational accidents, maternity/paternity leave, or suspension of work by the employer (e.g. wage supplementation schemes). This ensures that the employee is effectively given the opportunity to complete the probationary period. However, foreseeable absences such as public holidays or weekly rest days do not interrupt the probationary period.
Question: How can the employment relationship be terminated during the probationary period?
Answer: A characteristic feature of the probationary period is the simplified termination of employment. Both the employer and the employee may terminate the employment relationship at any time during or at the end of the probationary period without stating any reason and without observing a notice period. There is also no entitlement to compensation.