Probationary employment agreement 2026 – what must the agreement include according to the Employment Protection Act (LAS)?
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Short answer: A probationary employment is a time-limited trial period that, according to the main rule in the Employment Protection Act (LAS), may last for a maximum of six months. A clear probationary employment contract should specify that the employment is probationary, the duration of the trial period, the start date, the position, salary, working hours, workplace, and other key terms.
| Form of employment | Probationary employment according to Section 6 of the Employment Protection Act (LAS), unless otherwise provided by an applicable collective agreement. |
| Normal duration | Maximum of six months according to the main rule. |
| If no notice is given | The probationary employment normally converts into permanent employment when the trial period expires. |
| Employer's notification | If the employer wishes to terminate early or let the probationary employment end without conversion, the employee must be notified at least two weeks in advance according to Section 31 of the Employment Protection Act (LAS). |
What is the purpose of a probationary employment contract?
Probationary employment is intended to give employers and employees the opportunity to test whether the employment works in practice before it potentially converts into permanent employment. It is therefore important that the contract clearly states from the outset that the employment is a probationary one. If the form of employment is unclear, unnecessary disputes regarding what the parties actually agreed upon may arise.
What should the contract contain?
- full details of the employer and the employee,
- form of employment and explicit reference to probationary employment,
- start date and final day of the trial period,
- position, main duties, and workplace,
- salary, salary period, and any variable compensation,
- regular working hours and any scheduling rules,
- vacation and other employment benefits,
- applicable collective agreement if one exists,
- confidentiality, IT regulations, or other policies when relevant,
- how the probationary employment can be terminated and what notifications are required.
Must the probationary employment contract be in writing?
A written contract is strongly recommended. Furthermore, the Employment Protection Act (LAS) contains requirements for the employer to provide written information about essential employment conditions. A well-prepared written contract reduces the risk of ambiguity regarding the form of employment, trial period, salary, and other terms.
What happens when the trial period ends?
If the employer and employee have not acted to terminate the probationary employment and the employment continues after the trial period ends, it normally converts into permanent employment. Therefore, the employer should have a clear internal routine for follow-up well in advance of the final day.
The two-week rule for termination
An employer intending to terminate the probationary employment early or let it end without it converting into permanent employment must, according to Section 31 of the Employment Protection Act (LAS), notify the employee at least two weeks in advance. If the employee is unionized, notice to the local employee organization may also be required.
Common mistakes
- the form of employment is not explicitly stated,
- the trial period lacks a clear end date,
- collective agreements are overlooked,
- the employer misses the two-week deadline,
- salary, working hours, or other key terms are left unclear.
Template for probationary employment contract 2026/2027
The template package is designed for Swedish employers and includes an editable Word version, PDF, and a user guide for clear documentation of employment terms.
FAQ
May a probationary employment last longer than six months?
The main rule in the Employment Protection Act (LAS) is a maximum of six months. Collective agreements may contain specific rules that need to be checked before the contract is written.
Can a probationary employment be terminated before the end date?
Yes, but the employer must follow the applicable notification and notice rules. Discrimination regulations and other mandatory rules also apply during probationary employment.
Should a standard notice period be stated?
Probationary employment follows specific rules. Do not enter a standardized notice period without checking how it relates to the Employment Protection Act (LAS) and any applicable collective agreement.
The article provides general information and does not replace individual legal advice. Regulations, collective agreements, industry terms, and the circumstances of each individual case may affect the assessment.
