According to her, today the probation period cannot be longer than three months. The time during which the employee was not at work due to temporary incapacity, vacation, or other important reasons is not counted towards it.
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“The parties cannot extend the probation even if they agree. And if a fixed-term contract is concluded for a period shorter than six months, the probation period must be proportionally shorter,” explained the lawyer.
According to E. Kiznė, recognizing the probation results as unsatisfactory:
- the employer may terminate the contract before the end of the term, having given written notice three working days in advance. Severance pay is not paid in this case.
- the employee also has a three working day period. The difference is that they can withdraw their notice no later than the next working day after submission.
The lawyer emphasized that during pregnancy and until the baby is four months old, the employer cannot terminate the employment contract with the employee due to unsatisfactory probation results.
“At her own initiative, the contract can be terminated during the probation period, and this depends only on her decision. The probation itself is set for a pregnant employee the same way as for everyone else,” explained E. Kiznė.
From November 1, one exception appears.
It applies to employees whose employment contract stipulates a monthly salary not less than 2 average monthly gross wages of the country’s economy.
“For them, the probation can last up to 6 months, and when concluding a fixed-term contract for a period shorter than 12 months, proportionally shorter.
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“However, the general rule remains the same: the probation period is 3 months,” she indicated.
Until October 31, the established probation period ends according to the rules valid until that day.
According to E. Kiznė, this means that a 3-month probation agreed in September does not become six months in November.
Extending it based on the new edition is not allowed, even if the employee’s salary exceeds the threshold, according to the lawyer.
However, dismissal during probation can be contested.
Applications to the Labor Disputes Commission must be made within one month from when you learned or should have learned about the violation of your rights. However, according to E. Kiznė, you should know that these cases are simpler for employers and employers win more often.
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