Probationary employment ends – notice, two-week notice period and union notification

Short answer: A probationary period may normally last for a maximum of six months. If the employer does not want it to transition into permanent employment, the employee must be notified at least two weeks in advance. If the employee is a member of a trade union, the local employee organization must be notified at the same time.

What happens when the probationary period ends?

According to Section 6 of the Employment Protection Act (LAS), a probationary employment transitions into permanent employment if the employer or the employee does not provide notice by the end of the probationary period that the employment will not continue. Therefore, the employer needs to keep track of both the last day of the probationary period and the notification deadline.

Two weeks' notice

An employer intending to terminate the probationary employment prematurely or allow it to end without transitioning into permanent employment must, according to Section 31 of the Employment Protection Act (LAS), notify the employee at least two weeks in advance. The notification is thus a procedural rule in addition to the actual notice that the employment is ending.

Union notification

If the employee is a member of a trade union, the employer must simultaneously notify the local organization. The employee and the organization have the right to request a consultation regarding the measure. Furthermore, collective agreements may contain additional rules that must be followed.

Does the employer need to provide reasons?

A probationary employment has a specific legal framework, and the same requirements for objective grounds as those for the termination of permanent employment do not apply. Nevertheless, the decision must not violate, for example, anti-discrimination legislation, the right of association, or other mandatory rules.

What should a written notice contain?

• employer and employee
• which probationary employment the notice refers to
• date of notification
• date the employment is to end
• information regarding any trade union and notification
• practical information about salary, vacation, equipment, and final pay

Common mistakes

• missing the two-week deadline
• believing that a verbal conversation replaces all documentation
• forgetting union notification
• letting the probationary period pass without a clear notice
• not checking collective agreements

See the Template Store's template for notice of termination of probationary employment.

FAQ

Does the employer have to wait until the last day?

No. According to the Employment Protection Act (LAS), probationary employment can normally be terminated even before the end of the probationary period unless otherwise agreed, provided that the procedural rules are followed.

Can collective agreements change the rules?

Yes, collective agreements may contain deviating or supplementary rules.

What happens if no notice is given?

If the employment continues after the probationary period without proper notice, it transitions into permanent employment according to the main rule.

This article provides general information and does not replace professional legal advice on labor law.