The essentials in 30 seconds

The probationary period exists to protect both sides: the employer checks whether the employee is a fit, the employee checks whether the company is a fit. During this period the rules are more flexible — but not infinitely so. There are limits that many people do not know.

Duration of the probationary period

Open-ended contract (general rule): 90 days | Management or high technical complexity roles: 180 days | Fixed-term contract ≥ 6 months: 30 days | Fixed-term contract < 6 months: 15 days

What you can do during the probationary period

• Terminate the contract without a disciplinary process and without compensation — provided it is within the time limit.
• Mandatory notice from the employer's side:
  • In the first 60 days: no mandatory notice required
  • After 60 days: 7 days' notice

If you realise within 30 days that it is not working, you can terminate the contract without explanation, without compensation, and without a disciplinary process. This is the great advantage of the probationary period.

What you CANNOT do

• Terminate without 7 days' notice after the first 60 days
• Treat the employee as free labour — they have all employment rights from day 1
• Terminate a pregnant employee's contract without prior authorisation from the CIG
• Run a second probationary period with the same employee

Common mistakes

• Not actively evaluating. If you do not evaluate, you have no basis for a grounded termination. Read how to conduct performance reviews that work.
• Waiting too long. If you know at 30 days it is not going to work, do not wait until day 89.
• Not documenting. Even without a disciplinary process, document what you observed — if there is a dispute, this documentation protects you.
• Non-existent onboarding. Many problems during the probationary period are integration problems, not performance problems. To learn what good onboarding includes, read how to onboard a new employee in the first 30 days

Time tracking during the probationary period

Time tracking applies from the first day — without exception. It provides objective data for the decision to continue or terminate: punctuality, hours worked, attendance patterns. If the new employee is on a freelance contract instead of an employment contract, read when freelance invoices are legal

This article is for informational purposes. For specific situations, consult a specialist lawyer.