Lexicon

Frequently Asked Questions (FAQ)

FAQ – Probation Period

1. What is the probation period and what is its purpose?
The probation period is a clause in the employment contract as well as an element of mutual interest for both contracting parties:

For the employer: It allows them to determine whether the employee's abilities and working methods are suitable for the performance to be rendered.

For the employee: It allows them to check whether the working conditions, job performance, and work environment meet their expectations.

2. When is a probation period void?
For a probation period agreement to be valid, certain formal and substantive criteria must be met:

Written form is mandatory: The probation period must be agreed upon in writing. If this written form is missing, the probation period is void, and the employment relationship is considered permanent and indefinite from the start.

The employer may not assign the employee different areas of responsibility during the probation period than those agreed upon in the employment contract. A deviation from this can also lead to the nullity of the probation period clause.

3. Where is the duration of the probation period determined?
The duration of the probation period is legally regulated and is determined in the individual collective agreements, whereby the duration usually depends on the classification/category.

In principle, the following applies:

Maximum Duration: According to the so-called Transparency Decree, the probation period may last a maximum of six months. Collective agreements can stipulate a shorter duration.

Specific rules for fixed-term contracts (new from 2025):

For fixed-term employment contracts, the duration of the probation period is determined proportionally to the contract duration.
It amounts to one day of effective work performance per 15 calendar days starting from the commencement of the employment relationship.
There are minimum and maximum limits for the duration:
- For contracts up to six months: minimum 2 days, maximum 15 days.
- For contracts over six months up to less than twelve months: maximum 30 days.
Collective agreements may set more favorable regulations for employees but may not deviate from these specific minimum and maximum limits.

4. When is the probation period extended?
The probation period is extended by the corresponding duration in the event of absences due to illness, work accident, maternity/paternity leave, or even work suspension by the employer (e.g., wage compensation). This ensures that the employee is actually given the opportunity to be tested. However, foreseeable absences such as public holidays or weekly rest days do not interrupt the probation period.

5. How can the employment relationship be terminated during the probation period?
A characteristic feature of the probation period is the facilitated termination of the employment relationship. Both the employer and the employee can terminate the employment relationship at any time during or at the end of the probation period, without stating reasons and without observing a notice period. Furthermore, there is no entitlement to compensation.