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New employment rules 2015: Probation period

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Current situation is that a contract of a period less than 2 years can have max 1 month probation period. Longer contracts can have max 2 months probation period. Anything else is void.

From January 1, 2015 no probation period applies to contracts shorter than 6 months. Max 1 month for contracts up to 2 years. Contracts exceeding the period of two years can have max 2 months probation period.

Probation period

Our recommendation is to issue a first 7 months contract with one month probation period. During the one month the employee knows how to behave, 7 months will show the genuine nature. So the risk is limited to 7 months employment. If not sufficient for the job, make sure you timely (max 1 month before the agreed end date) inform the employee of the automatic termination (non-extension) to prevent 1 month penalty salary to be paid for being late giving notice.

Contracts agreed upon before January 1, 2015 can continue under the old rules, however the information obligation re extension or termination applies to these contracts from 1 January 2015 onwards.

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