Termination always requires a valid reason, even during the probationary period. There is a difference between terminations that are due to the employee's circumstances and those that are due to circumstances at the company. In the case of dismissal during the probationary period, it is typically circumstances attributable to the employee that are the main factor. However, it is important to remember that the employee must also have the opportunity to try out whether the job is as expected and whether it suits them. The probationary period must be agreed in writing.

What is required for dismissal during probation?

Termination during the probationary period must be justified on the basis of the employee's adaptation to the work, professional competence, or reliability. The threshold is somewhat lower than what is required in ordinary employment relationships. The employer must be able to demand that the work performance is at a normal, average level. The fact that the employee was not the "ideal candidate" is not grounds for termination.

It is also important to remember that the probationary period is just that: the employee should be given a chance to prove themselves over a period of time, and it should be their normal work that is being assessed, not all kinds of "test situations" created to test the employee. The employee should receive training and guidance, as well as feedback, so that he/she has the opportunity to familiarize themselves with the position and correct any mistakes. It is the employer who must document that this has been provided. If not, the termination may be declared invalid.

The length

As mentioned above, the probationary period must be agreed in writing and may not exceed six months. If the employee is informed in writing at the time of hiring, the probationary period may be extended if the employee is absent from work during the probationary period. For certain job categories, it is possible to agree on a probationary period longer than six months.

Short notice period

During the probationary period, a mutual notice period of 14 days will apply, cf. Section 15-3(7) of the Working Environment Act. This only applies if nothing else has been agreed in the employment contract. This is a shorter notice period than for employment without a probationary period. Termination during the probationary period will also take effect from the date it is received, and not the following month, as is the case with terminations in ordinary employment.

A short notice period can just as easily be an advantage for the employee, who will have the opportunity to quickly terminate an employment relationship that they are not entirely satisfied with, if they feel they are not coping. Other, better opportunities may also have arisen. The employee does not need to state the reason for their resignation.

Right to remain in position

In disputes concerning whether a dismissal is justified or not, employees are generally entitled to demand to remain in their position until the dispute has been settled by the courts. This right does not apply to employees on probation.

Termination due to circumstances relating to the business

In the event of reorganization and downsizing, the usual rules for termination apply, even if you are on probation. Seniority is often the determining factor for termination, and therefore employees on probation will often be among those who are terminated.