Probationary period. Theoretical and practical difficulties

VARIA

Abstract

Regulated in its current form since 2011, the trial period has so far undergone a veritable conceptual revival – from a period initially perceived outside the individual employment contract itself, to a period in the individual employment contract, but marked by precariousness, to the current almost unanimous doctrinal and case-law approach to the effect that during the trial period the individual employment contract is an ordinary contract in which the parties enjoy all the rights and are bound by all the obligations arising from labour law, the applicable collective labour agreement, the internal rules and the individual employment contract itself. However, there are still questions about the implementation of the legal provisions on trial period, which this study attempts to answer analytically.

Keywords: trial period, calculation of the term, motivation, probationary period, analysis compared with other cases of termination of the individual employment contract