Accordingly to Labor Code, (Art 142) first 3 months of work are considered as a probation period, except for the cases where the parties have entered into a contract to carry out the same work.
Some main characteristics of probation period:
- Probation period is applicable in the definite term contracts and in the open term contracts.(articles 142 and 150 of Labor Code)
- If the employment contract is not terminated during the probation period , its duration is included in the duration of the definite term contract.
- The probation period may not be envisaged in the cases where the parties have been bound on a contract of employment, of which the object was the carrying out of the same job.
- The parties envisage in writing a probation period, which lasts not longer than three months.It can be reduced or removed with agreement amongst parties or in the collective agreement.
- The duration of probation period is known as seniority.
- During the probation period, each of the parties may terminate the contract by informing the other party about its decision at least 5 days in advance.Please pay attention, this notification term is different from the notification terms which are applied after the end of probation period.
Practical advice for employers:
For an efficient application of the legal requirements regarding the probation period and in order to avoid penalties for wrong application of notification terms , it is advisable to have an internal regulation.This would not only enable the thorough explanation of the legal requirements regarding the probation period, but would also ensure that these legal requirements are put into practice correctly by the relevant management structure and human resources.
Some of the essential things to be included in this regulation are:definition of probation period, duration, necessary steps to be followed by respective manager and HR in case of employment termination during the probation period, handover of the duties within the 5 days notification term, specific cases when probation period is not applicable, or is reduced, notification terms after the termination of the probation period etc.
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