Probation period
is the initial phase of employment with eased exit rules: shortened notice and reduced dismissal protection while both sides test the fit. Caps differ — Switzerland up to three months, Germany six, the UAE six under its law, the EU directive caps six with proportionality for fixed terms — and validity usually requires an explicit clause.
Making probation clauses work
- Write it or lose it: most systems require probation agreed in writing at the start — it cannot be imposed retroactively.
- Respect the caps: typical maxima: CH 1 month default/3 by agreement; DE 6; FR category-based; UAE 6; PL 3; EU fixed-term proportionality.
- Use the correct notice: probation notice is short but real (7 days in Switzerland; UAE 14 for employer) — zero-notice exits are usually wrong.
- Suspensions: illness and similar absences extend probation in several countries — the clock is not purely calendar.
- Decide on time: missing the window converts to full protection; calendar the review before expiry, not after.
FAQ
Can probation be extended?
Only within the legal cap and usually by agreement — extending beyond national maxima is void, and repeated extensions are read as avoidance. Where doubt remains at expiry, some systems allow a one-time agreed extension inside the cap; otherwise the choice is confirm or exit within the window.
Does probation apply to EOR employees?
Yes — the EOR writes the local-law probation into the employment contract, and clients should align their own evaluation timeline with the legal window. Telling the EOR on day 95 of a 90-day window changes the exit from probationary to protected.