Probation Period

A probation period is the trial phase at the start of a new job where both the employer and the employee assess whether the relationship is working. The employer evaluates performance, skills, and cultural fit. The employee decides whether the role, the company, and the working conditions meet their expectations. If either side is unhappy, the employment can usually be ended more easily during probation than after it.

That is the simple version. The complicated version is that probation rules are different in almost every country, and getting them wrong has real consequences. Set a probation period that exceeds the legal maximum and the clause is void, meaning the employee is effectively permanent from day one. Forget to put the probation in writing and it may not exist at all, regardless of what you discussed verbally. Terminate someone during probation without following the correct notice rules and you may owe compensation.

This guide covers what a probation period is, what rights employees retain during it, how long it can last in 20+ countries, the rules around termination during probation, and the mistakes international companies make most often when hiring across borders.

A probation period (also called a trial period, probationary period, or qualifying period) is a defined timeframe at the beginning of an employment relationship during which either party can terminate the contract with shorter notice than would normally apply, and in some jurisdictions, with fewer procedural requirements.

The purpose is mutual assessment. For the employer, it is a chance to evaluate whether the new hire can actually do the job, works well with the team, and meets the standards discussed during the hiring process. For the employee, it is a chance to experience the role, the management style, and the company culture before committing long-term.

Probation periods are not universal. Some countries mandate them by law. Others leave them entirely to the employment contract. A few (Belgium, Chile) do not permit them at all for standard employment. And the rules around what happens during and at the end of probation vary enormously.

There is a common misconception that probation means the employer can do whatever they want and the employee has no rights. That is wrong in virtually every jurisdiction. Here is what typically applies:

Employees retain full employment rights during probation. Salary, sick leave, annual leave accrual, social security contributions, health insurance, and all statutory protections apply from day one in most countries. Probation does not create a lesser class of employment. The employee is a full employee with a shorter notice arrangement.

Probation must be in writing. In the vast majority of jurisdictions, a probation clause only exists if it is explicitly stated in the employment contract. If you forget to include it, or if the contract is signed after the employee starts, the probation may be legally void and the employee is on standard terms from the beginning.

There is usually a legal maximum duration. The EU Directive on Transparent and Predictable Working Conditions (2019/1152) caps probation at 6 months across the EU, with limited exceptions. Individual countries may set shorter maximums. Exceeding the legal limit makes the probation clause unenforceable.

Termination during probation still requires a process. In most countries, you can terminate during probation with shorter notice (often 1 to 2 weeks instead of 1 to 3 months). But you still need to give written notice, pay out any accrued leave, and in some jurisdictions provide a reason. You cannot simply tell someone not to come back tomorrow.

Probation cannot be used to discriminate. Dismissing someone during probation for reasons related to pregnancy, disability, race, religion, or other protected characteristics is illegal regardless of the probation status. Probation gives you procedural flexibility, not a free pass on employment law.

This is the table that every HR team hiring internationally needs bookmarked. Probation rules vary dramatically, and using a one-size-fits-all approach will get you into trouble.

Probation makes termination easier, not effortless. Here is what you need to get right:

Give written notice. Even where probation allows immediate termination (Netherlands, Austria, Romania), best practice is to provide written confirmation. In countries like Germany, France, and Poland, written notice is legally required.

Respect the notice period. Germany: 2 weeks. France: 24 hours to 1 month depending on time served and role. Poland: 3 days to 2 weeks depending on probation length. Check the specific country rules before acting.

Pay everything owed. Final salary, accrued but unused annual leave, and any other contractual entitlements must be paid out on termination, even during probation. In countries like Italy (TFR accrual) and Spain (proportional pagas extra), there may be additional payments.

Document the reason internally. Even if you are not legally required to provide a reason to the employee, keep a written record of why you are terminating. If the employee later claims discrimination or unfair treatment, your documentation is your defence.

Do not terminate protected employees. Pregnant employees, employees on sick leave (in some jurisdictions), employees who have filed a complaint or whistleblower report, and other protected categories may be protected from termination during probation just as they would be after it.

The short answer: it depends on the country, and usually the answer is no or only once.

The EU Directive (2019/1152) states that if a fixed-term contract is renewed for the same function, the employer cannot impose a new probation period. This prevents companies from resetting the clock by issuing a new contract.

When you hire through an Employer of Record (EOR), the employment contract is issued by the EOR’s local entity, and the probation clause must comply with the employment law of the country where the employee is based, not where your company is headquartered. This is one of the most common sources of confusion for international companies.

If you are a US company hiring through an EOR in Germany, the probation is governed by German law (maximum 6 months, 2 weeks’ notice). Your US employment handbook is irrelevant. If you are a UK company hiring through an EOR in the Netherlands, the probation follows Dutch law (maximum 2 months for indefinite contracts, immediate termination allowed by either party during probation).

A good EOR provider will automatically apply the correct probation terms for each country and flag any limitations. But you should always verify: what is the probation duration in the contract? Does it match the local legal maximum? Is termination during probation handled by the EOR or do you need to initiate it? What notice must be given? These are questions to ask during onboarding, not when you are trying to terminate someone.

Using a single global probation policy. A 90-day probation might work in the US, Brazil, and Nigeria, but it exceeds the legal maximum in Austria (1 month) and is not permitted at all in Belgium. Every country needs its own probation terms in the employment contract.

Not putting probation in the contract. If it is not written, it does not exist. Verbal agreements about probation are unenforceable in virtually every European jurisdiction.

Treating probation as a free termination window. Probation reduces notice periods and procedural complexity. It does not eliminate employment protections. Employees on probation still have rights to sick leave, annual leave, social security, and protection from discriminatory dismissal.

Missing the probation end date. If probation expires and you have not terminated the employee, they automatically become a permanent employee on full terms. There is no grace period and no way to retroactively extend probation in most jurisdictions.

Assuming the same rules apply to all employees. In France, probation length varies by role classification (blue-collar, supervisor, executive). In Portugal, it varies by seniority level. In the Czech Republic, managers get a longer probation than other employees. One size does not fit all, even within the same country.