Probationary employment ended by the employer – what are the rules?

Probationary employment differs from ordinary indefinite-term employment. Different rules therefore apply when it ends, and many of the rules governing ordinary dismissal are not applicable.

What is probationary employment?

Under Section 6 of LAS, probationary employment may be agreed for a maximum of six months. If neither party has ended it in time, it generally converts automatically into indefinite-term employment. Collective agreements may contain different rules, and the probationary period may in certain cases be extended, for example in connection with parental leave.

The employer does not have to provide objective reasons

During the probationary period, both you and the employer may end the employment without giving a reason, unless otherwise agreed. The requirement for objective reasons in Section 7 of LAS does not apply. This means that the rules on declaring an ordinary dismissal invalid cannot normally be used in the same way.

But certain rules still apply

• The employer must notify you at least two weeks before the probationary employment ends or does not convert into indefinite-term employment (Section 31 of LAS). If you are a union member, the union must also be notified.
• Ending the employment must not be discriminatory or disadvantage you because of parental leave (see dismissal during parental leave), nor may it be linked to sex, pregnancy, ethnicity, disability, or age. In such cases, the Discrimination Act may provide an entitlement to compensation.
• Ending the employment in a way that contravenes the law or accepted standards of conduct may in certain cases be challenged. This is uncommon, and the assessment is restrictive.

Deficiencies in the notification primarily give rise to an entitlement to damages, not a right to reinstatement.

If the probationary period has already expired

If six months, or the agreed probationary period, have passed and the employment has converted into indefinite-term employment, you are no longer on probation. The ordinary rules on dismissal for personal reasons or redundancy then apply. You should therefore carefully check the date your probationary employment began and what your employment contract says.

If you are unsure whether your employment was still probationary, or whether ending it may have involved discrimination, you can describe your situation for a free initial assessment.