Technical cookies are required for the site to function properly, to be legally compliant and secure. Session cookies only last for the duration of your visit and are deleted from your device when you close your internet browser. Persistent cookies, however, remain and continue functioning on repeat visits.
Personalisation cookies collect information about your website browsing habits and offer you a personalised user experience based on past visits, your location or browser settings. They also allow you to log in to personalised areas and to access third party tools that may be embedded in our website. Some functionality will not work if you don’t accept these cookies.
Trail period as of 1 January 2015
Since the Work and Security Act came into effect, it is no longer possible to include a trial period in an employment contract for a definite period of 6 months or less.
The underlying thought is that such a short-term contract is already a source of uncertainty for the so-called flexible workers and that in such cases it is undesirable to add to that uncertainty with a trial period clause.
To prevent nullification of the trial period clause, the following rules should be followed:
A Collective Labour Agreement can still deviate from sub 2 and sub 3 (also see: CAO Deviations).
In addition, the case law of the Supreme Court – that a trial period clause is invalid, if this is included in a consecutive employment contract between an employee and the same or a successive employer – is laid down in the legislation. However, this does not apply if a new employment contract requires significantly different skills or responsibilities. In such cases the employer is not yet aware of the employee’s skills for the new position of the employee. Therefore, trial periods are valid in such cases.
In employment contracts for a definite period of time concluded before 1 January 2015, it was possible to include a trial period as follows:
In case of applicability of a collective labour agreement, one was allowed to deviate from sub 2 and sub 3. Any other deviations were null and void, making dismissal based on a trial period impossible.
As of 1 January 2015, the legal amendments of the trial period are in effect. Trial period clauses agreed before 1 January 2015 will be subject to the former legislation. The new legislation will apply to employment contracts concluded between parties on or after 1 January 2015. The date of the signing of the employment contract determines whether the trial period clause is covered by the former or by the new legislation.
Write us a message and we will get in contact.
Thank you for contacting us. We will get back to you soon.