Definition and purpose of a probationary employment contract
A probationary employment contract is a special type of contract that serves to assess an employee's qualifications and suitability for performing specific duties in a company. In accordance with the Polish Labour Code, a probationary contract is concluded for a period not exceeding 3 months. This is a time during which the employer can check whether the employee meets the expectations for the given position, and the employee can assess whether the working conditions suit them.
Purpose of a probationary contract
1. Assessing the employee's qualifications and skills:
- The employer can verify whether the employee has the appropriate qualifications to perform the tasks entrusted to them.
- Checking the employee's practical skills in real working conditions.
2. Assessing fit with the team and company culture:
- The employer assesses how the employee copes in a team environment and whether they can cooperate effectively with other team members.
- The employee has the chance to get to know the company's organisational culture, its values and the employer's expectations.
3. Preparing for long-term cooperation:
- A probationary contract gives the employer time to make an informed decision about continuing to employ the employee on a fixed-term or permanent basis.
- The employee can assess whether the working conditions offered by the employer are satisfactory and whether they would like to continue the cooperation.
Terms of concluding the contract
A probationary employment contract should specify:
- The parties to the contract: the employer and the employee.
- The type of work performed: a precise description of the position and duties.
- The place of work: the address or location where the work will be performed.
- Remuneration: the amount of pay corresponding to the type of work, plus any allowances.
- Working time: the number of working hours per day and per week.
Concluding a probationary contract should be well thought out and compliant with labour law, to ensure transparency and security for both parties to the employment relationship.
In the context of labour law, the probationary period is an important tool for both the employer and the employee. It allows the parties to get to know each other, assess the working conditions and make an informed decision about further employment.
How long can a probationary contract last? The Labour Code
A probationary employment contract is a special type of contract whose purpose is to enable the employer to assess the employee's qualifications and suitability. In accordance with the Labour Code, a probationary contract may be concluded for a period not exceeding 3 months.
Maximum duration of a probationary contract
Under the provisions of the Labour Code, a probationary contract may last a maximum of 3 months. This means the employer has up to 3 months to assess whether the employee meets the requirements of the given position. After this time, the employer must decide on the employee's further employment under another employment contract – fixed-term or permanent.
A probationary employment contract is concluded for a period not exceeding 3 months. This is a time during which the employer can thoroughly verify the employee's skills and qualifications. Where the intention is to conclude a fixed-term employment contract lasting at least several months, the probationary period provides a solid basis for deciding on further employment.
Examples of situations where shorter probationary periods are used
- Simple positions: For jobs that do not require a lengthy assessment, the employer may conclude a probationary contract for a shorter period, e.g. 1 month. This is justified by the type of work, which does not require long-term observation.
- Short-term projects: If the employee is hired for a specific project lasting less than 3 months, the probationary period can be adjusted to the length of the project. Such a contract duration is justified by the nature of the work, which is limited in time.
- Specialist positions: Where the position requires specialist skills and a quick assessment is possible, the probationary contract may be shorter, e.g. 2 months. This gives the employer the opportunity to quickly check whether the employee has the required qualifications.
Extending the probationary period
The duration of a probationary employment contract may be extended by the length of any other justified absence of the employee from work, such as illness. In such a case, the probationary contract is extended by the length of the justified absence, so that the employer has the full three months to assess the employee.
When concluding a probationary employment contract, the employer and the employee agree on the terms of the probationary contract's duration. This contract, concluded for a fixed term of no more than 3 months, is a key tool in assessing the employee's suitability for performing a specific type of work. The probationary period may not exceed 3 months, although in practice, depending on the specifics of the job, it may be shorter. In the event of the employee's justified absence, the probationary period may be extended accordingly, giving the employer the full time to assess the employee's qualifications.
What is an employee entitled to during the probationary period?
A fixed-term employment contract, which is what a probationary contract is, grants the employee the same rights as any other employment contract. Even though this contract is concluded for a shorter period, the employee enjoys numerous entitlements that ensure protection and appropriate working conditions.
Remuneration and other benefits
An employee hired under a fixed-term contract, which is what a probationary contract is, has the right to remuneration for work in accordance with the terms agreed in the employment contract. This remuneration includes not only the basic salary but also any allowances, bonuses and other benefits arising from the workplace regulations or a collective agreement.
The right to leave
An employee on a probationary contract also has the right to annual leave. The leave entitlement accrues in proportion to the time worked under the contract. If the employee is employed for 3 months, they are entitled to a portion of the annual leave allowance. If the employee does not use the leave they are entitled to, it carries over if a subsequent employment contract is concluded.
The right to sick leave
As with other employment contracts, an employee during the probationary period is entitled to sick leave (L4) and sickness benefits. In the event of the employee's justified absence from work, e.g. due to illness, the probationary period may be extended by the length of that absence, allowing the employer to fully assess the employee's qualifications.
Notice period for the contract
Termination of an employment contract concluded for a probationary period has a notice period defined by the Labour Code. The notice period for a probationary contract is:
- 3 working days, if the probationary period does not exceed 2 weeks,
- 1 week, if the probationary period lasts longer than 2 weeks,
- 2 weeks, if the probationary contract is for 3 months.
Health and safety at work
An employee on a fixed-term employment contract has the full right to safe and hygienic working conditions. The employer is obliged to provide appropriate working conditions, protective equipment and health and safety training.
The right to equal treatment
An employee hired for a probationary period has the right to equal treatment as regards working conditions, remuneration and other benefits. They may not be discriminated against on account of the type of contract, which means the employer must treat them on an equal footing with employees on permanent contracts.
Protection of employee rights
All employee rights enjoyed by employees on fixed-term contracts also apply to employees on probationary contracts. In the event of a breach of these rights, the employee may turn to the labour court, which will resolve disputes concerning the employment relationship, termination of the employment contract or other matters related to the employment contract.
A probationary contract, although concluded for a short time, grants the employee the full range of rights arising from an employment contract. This ensures the employee protection, appropriate working conditions and the ability to participate fully in the professional life of the company, regardless of the contract's duration.
What comes after a probationary contract? Concluding an employment contract or terminating the contract
A probationary employment contract is a distinctive type of employment contract that allows the employer to assess the employee's qualifications and suitability for performing a specific type of work. But what happens after the probationary period ends? Here is a detailed explanation of the options and procedures related to the end of a probationary contract.
Options after the probationary period ends
1. Concluding another employment contract
After a probationary employment contract ends, the employer and the employee may decide to conclude another contract. This may be a fixed-term employment contract, often concluded for a period shorter than 12 months, or a permanent contract, depending on the company's needs and strategy.
2. Extending the contract in justified cases
Although a probationary employment contract is concluded for a period not exceeding 3 months, in certain situations extending the contract may be justified. If the employee was absent for justified reasons (e.g. illness), the probationary period may be extended by the length of the absence, allowing for a full assessment of their qualifications.
3. Terminating the employment contract
If, after the probationary period ends, the employer concludes that the employee does not meet their expectations, the employment contract may be terminated. Termination of a probationary contract may take place with notice, and the notice period depends on the duration of the probationary contract.
Procedures related to the end of a probationary contract
1. Assessing the probationary period
The employer should carry out an assessment of the probationary period, which may include evaluating the employee's performance, skills and fit with the team and organisational culture. Based on this assessment, they decide on further employment or termination of the contract.
2. Arrangements in the employment contract
The parties may agree in the employment contract on detailed conditions to be met after the probationary period ends. For example, they may stipulate that after the probationary period ends, the employee will move to a fixed-term contract of at least 6 months.
3. Concluding a new contract
Where the employer and the employee decide to continue the cooperation, a new contract may be concluded. The subsequent employment contract may be for a fixed term or permanent, depending on what both parties agree.
Practical examples
An employee in a specialist position
An employee hired for a probationary period to perform a different type of work may, after the probationary period ends, be employed for a fixed term of at least 6 months, in order to test their skills on a long-term project.
Amendment of the Labour Code
In the context of amendments to the Labour Code, the conclusion of probationary employment contracts may be regulated in more detail, which affects the rules for concluding subsequent contracts after the probationary period ends.
A probationary employment contract specifies the parties to the contract, the terms of employment and the duration of the contract. After this period ends, the employer and the employee have several options for continuing the cooperation or terminating the contract. In each case it is important to comply with labour law and the terms agreed in the employment contract.
Does a probationary contract count toward the limit of three contracts?
A probationary employment contract is a specific type of contract whose purpose is to assess the employee's qualifications and suitability for performing a specific type of work. One of the frequent questions about concluding probationary contracts is whether such a contract counts toward the limit of three fixed-term contracts, after which a permanent contract must be concluded. To dispel any doubts, one needs to look closely at the provisions of labour law.
In accordance with the provisions of the Labour Code, an employer may conclude a maximum of three fixed-term contracts with an employee. After the third contract ends, every subsequent contract must be a permanent one. An important point is that a probationary employment contract does not count toward this limit.
The exception for probationary contracts
A probationary employment contract is concluded for a period not exceeding 3 months and its purpose is to verify the employee's qualifications. This contract is not treated as one of the three fixed-term contracts that count toward the limit. Work is contracted for a probationary period in order to assess whether the employee is suited to performing a specific type of work.
The next fixed-term contract after the probationary period
After the probationary period ends, the employer may conclude a fixed-term contract with the employee. Only this contract will count as the first of the three fixed-term contracts. A fixed-term contract will count toward the limit of three contracts, after which the next contract must be permanent.
For example, if an employee finishes a probationary contract and the employer decides to conclude a subsequent fixed-term contract of 12 months, it will be the first contract counted toward the limit of three. After it ends, the employer may conclude a second and a third fixed-term contract before being obliged to conclude a permanent one.
Summary
A probationary employment contract is a special type of contract that allows the employer to assess an employee's qualifications. The employment contract is concluded for a maximum of 3 months, which makes it possible to check whether the employee meets expectations. As regards probationary contracts, it is important that they do not count toward the limit of three fixed-term contracts. After the probationary period ends, another fixed-term or permanent contract may be concluded. Periods of justified absence may extend the duration of the probationary contract. The employee has the right to remuneration, leave and sick leave on the same terms as under other contracts.
FAQ (Frequently asked questions)
1. Does there always have to be a probationary contract?
No, a probationary contract is not mandatory. The employer may decide to conclude a probationary contract for the performance of a specific type of work in order to assess the employee's qualifications and suitability. The employment contract specifies the parties to the contract and the terms of employment, and work is contracted for a probationary period so that the employer can check whether the employee meets their expectations. However, if the employer is certain of the employee's qualifications, they may conclude a fixed-term or permanent contract straight away, without a probationary period.
2. Can you take sick leave while on a probationary contract?
Yes, an employee hired under a probationary employment contract has the right to sick leave (L4) and sick pay. The probationary period is concluded on the same terms as other employment contracts, which means the employee has the full right to take sick leave. In the event of the employee's justified absence from work, such as illness, the probationary period may be extended in the employment contract by the length of that absence. This extension of the probationary contract allows the employer to fully assess the employee despite the break caused by the absence.
3. How many days of leave do you accrue during the probationary period?
An employee hired under a probationary employment contract is entitled to annual leave accrued in proportion to the time worked. In accordance with the Labour Code, the employee acquires the right to leave in proportion to the period of employment. If the probationary period lasts 3 months, the employee acquires the right to 1/4 of the annual leave allowance. For example, if the employee is entitled to 20 days of leave per year, then for 3 months of work they will acquire the right to 5 days of leave.
