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What is a probationary period for the employee?

Verified 15 December 2021 - Legal and Administrative Information Directorate (Prime Minister)

When an employee changes positions in the company, it is not possible to provide for test period.

However, a period probative can be set up. It allows the employer to assess the employee's ability to perform his or her new duties.

Of treaty provisions may authorise or prohibit the employer from imposing a probationary period on the employee who changes positions.

Authorised probationary period

If a probationary period is provided for in the contractual provisions, it must be provided for in the original employment contract.

The contract of employment provides, for example, for the duration of the probationary period, its possible renewal and the conditions for breaking that period.

In case of establishment of a probationary period, a attractive the initial contract must be established.

Probation prohibited

Conventional provisions may prohibit the establishment of a probationary period.

If this is the case, the employer cannot impose a probationary period on the employee when changing the position.

Termination of probation

The probationary period may be interrupted by the employer if the employee fails to perform his or her new duties.

It can also be broken by the employee if he is not satisfied with his new position.

Unlike the trial period, the breach of the probationary period does not result in the breach of the employment contract.

Its consequences vary depending on whether the employee is protected or not.

General case

The effect of the break in the probationary period is to restore the employee to his previous position.

Protected employee

If the employee is protected, he or she cannot be automatically reinstated to his or her previous duties. His agreement is obligatory.

In the absence of an employee's agreement, the employer may:

  • Either keep him on the new job
  • Either refer an application for an administrative authorisation for dismissal to the labour inspector