© - ATH all rights reserved - Edition 2024 28 EMPLOYER’S GUIDE 2024 EXISTENCE OF PROBATION PERIODS Probation periods are not a compulsory element of an employment contract. They are not presumed to exist and, as such, the principle and duration of such a period must be expressly stipulated by the employment contract. N.B. : if the employee has not signed his/ her employment contract, a probation period cannot be enforced. Ask us : make sure you do not confuse the probation period with the pre-employment aptitude test. LENGTH OF PROBATION PERIOD Full - or part-time permanent contracts can include a probation period for the maximum times set by law indicated below : • 2 months for manual workers and office employees, • 3 months for supervisors and technicians, • 4 months for managers. Shorter periods than the statutory periods can apply if they are stipulated by the employment contract or a collective agreement signed after 26 June 2008. The provisions that longer periods than the statutory periods can apply if they are stipulated by a collective agreement signed before 26 June 2008 ended for contracts concluded on or after 9 september 2023. The probation period is calculated in calendar days. It starts on the 1st day of the contract. The length of the probation period can be reduced in certain circumstances (employees hired after a fixed-term contract or temporary contract, after an internship and so on). Ask us about the specific rules applicable to certain categories of employees. You can also refer to the fact sheets included in this handbook relating to fixed term or apprenticeship contracts. EXTENSION The probation period must cover a period of time during which the employee is effectively working. If the employment contract is suspended (illness, paid holiday, reduction of working hours and so on), the probation period is extended for an equivalent period of time. 13 PROBATION PERIOD What you need to know : The probation period allows the employer to assess the employees’ skills in their work, particularly in terms of their experience, and allows employees to assess whether they are suited to the role. During this period, the employer or employee can terminate the employment contract, with no reasons required and no compensation payable.
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