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At the beginning of the cooperation, the employee and the employer usually agree on a probationary period during which the employer can determine whether the employee has the necessary knowledge and experience to perform the assigned tasks. However, an employee who has already demonstrated his / her ability through education or past work experience and recommendations can actually prove that he / she is qualified for the job.
The good side of the probationary agreement is that the notice period is shorter than the one in the employment contract. For example, if a worker finds that his job does not suit him, he can simply withdraw from the employment contract by terminating the employment contract.
The employee and the employer may also agree on a shorter notice period during the probationary period of less than seven days, either in the case of regular or extraordinary termination during the probationary period, and may also agree on an appropriate monetary reimbursement.
Although some employers would prefer to extend the probationary period indefinitely, this is not allowed under the Employment Relationships Act (ZDR-1). The probationary period may last for a maximum of six months, which is determined by Article 125 of ZDR-1. The period may exceptionally be extended only if the worker is temporarily absent from work.
During the probationary period, both the employee and the employer may resign on a regular basis. Irrespective of whose wish the glass is canceled, the statutory notice period is seven days, which is defined in Article 94 of ZDR-1. It is good to know that the notice period is the same regardless of whether the employee or. the employer gives notice on the first or last day of the agreed probationary period.
If the employee wishes to terminate the employment period prematurely during the probationary period, he must submit in writing regular cancellation, but he does not have to give a reason for his decision. The employer may resign regularly if the employee has not successfully completed the probationary period.
During the probationary period, the employer may also provide extraordinary failure, but there must be reasons for it. In the case of violations or poor performance of work, he must warn the employee in advance or inform him in writing about the violations and enable him to defend himself. Extraordinary dismissal can also be caused by the termination of the company’s operations or compulsory settlement.
Decision on termination of employment due to failed trial work may be issued by the employer if he is dissatisfied with the work done by the new employee. Such dismissal must, by law, include a justification with the actual reason for dismissal during the probationary period and an assessment of the commission given on the basis of a longer period of observation of the employee, not just on the basis of one act. With the termination of the employment relationship, the notice period begins during the probationary period.
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