Employment law
Probation periods: check the clause before relying on it
Sources checked:
A probation clause must be assessed against current law and the employee’s actual role.
The procedure
Section 15 of Law 25(I)/2023 generally limits probation to six months. For fixed-term employment, its length must be proportionate to the contract’s expected duration and the nature of the work. Renewal for the same position and duties does not require a fresh probation period. Record the agreed terms and review performance against clear expectations.
What deserves attention
The law contains exceptions for defined managerial officers of legal entities and permits an extension corresponding to an employee’s absence. Applicable collective agreements also require consideration. Do not assume that a managerial job title alone settles the issue, or reuse an old two-year probation clause without advice. Probation does not remove all employment protections.
Prepare for your consultation
Bring the contract, start date, job description, any renewal or extension and records of absence. Before ending employment, assess the applicable notice and the reason for termination, including any protected circumstances. Employers and employees should clarify the position before treating a probation clause as a complete answer.
General information based on the sources checked on the date shown, not advice on a particular matter. Requirements depend on the facts and may change. Practical preparation suggestions are not an exhaustive statement of legal obligations. Legal disclaimer.
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