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How does a probationary period in employment work?

Added: 27 October 2026

A probationary period is a contractually agreed initial time in which both sides can test the employment relationship.

Legal structure of the business or employment relationship

Probation does not arise automatically; it must be expressly included in an individual or collective agreement and stay within the statutory maximum. The person remains an employee with wage, insurance, safety and working-time rights. Unpaid trial work is not permissible. Business and employment matters require joint analysis of party status, organization, actual performance and mandatory protective rules. Commercial-register entries, constitutional documents, corporate resolutions, workplace records and powers of representation answer different questions. Acting in a company's name does not always prove authority or eliminate personal liability. Authority limits and the position of third parties are assessed from the specific records.

Records, liability and dispute management

Either side may terminate during probation without notice or notice compensation, while wages and accrued rights remain payable. Discriminatory or abusive termination can still have legal consequences. A repeated probation clause for the same job requires good-faith scrutiny. Reliable records show who made a decision, when it was made and what information supported it. Notices, meetings, approvals, payments and working-time records can prevent disputes or assist proof. Whether mediation, litigation, arbitration or an administrative route applies depends on the dispute and mandatory rules. Monetary thresholds, deadlines and electronic filing methods can change and should be checked in current official sources.

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Revision history

27 October 2026 — Article added.