Probation may last up to three months, or six for managerial employees directly reporting to the statutory body, and must be agreed in writing or is invalid. It cannot be extended. During probation, either employer or employee may terminate employment in writing for any reason or without giving a reason; notification should generally be served at least three days in advance.
How long can probation last?
Section 45 of the Labour Code governs probation. It may be agreed for no more than three months, or six months for a managerial employee directly reporting to the statutory body and a manager directly reporting to that manager. It must be agreed in writing or is invalid (paragraph 4) and cannot be extended (paragraph 1), except that it extends by one day for each shift not worked because of an obstacle to work on the employee’s side (paragraph 3). For fixed-term employment, it must not exceed half the agreed term (paragraph 2), and it cannot be agreed again for renewed fixed-term employment (paragraph 5).
Probation must be agreed in the employment contract from the outset and cannot be added later.
How can employment end during probation?
Under Section 72, either employer or employee may terminate during probation in writing, for any reason or without giving a reason (paragraph 1). Written notification should be served on the other party generally at least three days before termination (paragraph 2). Written notification with demonstrable service is the correct procedure. Section 17(2), however, means that failure to use written form does not automatically cause invalidity unless the law expressly provides otherwise. The invalidity of an ordinary oral termination therefore cannot be assumed without further analysis.
Protection also applies during probation: an employer may terminate employment with a pregnant woman, a mother up to the end of the ninth month after childbirth, a breastfeeding woman or a man on paternity leave only in writing, exceptionally, on grounds unrelated to pregnancy or maternity, and with proper reasons stated; for these protected persons, the law expressly makes failure to comply with the conditions a ground of invalidity (Section 72(1)). Discriminatory grounds are also prohibited.
Practical recommendation
Most probation disputes arise from contractual errors, such as missing written form or attempted extensions. We address proper arrangements through employment contracts and documentation, prepare termination through termination of employment, and help with recurring issues through our problem employee service.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
