Employment contract for a trial period and its elements


An employment contract for a trial period is useful when an employer wants to find out whether the employee selected by him will be suitable for a given position. It is also a good opportunity for the future employee, who will have the opportunity to learn about the company's structure and their tasks and determine whether the scope of duties and atmosphere in the company will suit them.

Conclusion of a contract for a trial period

An employment contract for a trial period may precede a contract for an indefinite period, for a specified period, for the duration of a specific job or for a replacement. The duration of the contract may not exceed 3 months, but may be shortened if the employer so decides. A probationary period may be re-granted to an employee if it concerns employment in a different position or in other activities that require the assessment of the candidate's qualifications.

An employment contract for a trial period should be made in writing, specifying the parties to the contract, its type, date of conclusion, and the terms of work and remuneration. In addition, particular attention should be paid to whether the contract to be concluded is a probationary or a fixed-term contract, as this entails restrictions on the termination of the contract.

As a rule, the employer cannot conclude such an agreement with an employee with whom he has previously entered into an employment relationship. However, there is a recognized exception whereby an employer signs an employee secondarily with an employee for a probationary period, but the job title and specific responsibilities must actually be different.

An employment contract for a trial period cannot be concluded with young employees for the purpose of vocational training. It is also not established in a cooperative employment relationship or prior to establishing an employment relationship on the basis of appointment, appointment and election.

Termination of the contract for a trial period

The period of notice for an employment contract for a trial period depends on the period for which it was concluded and amounts to:

  • 3 working days if the contract does not exceed 2 weeks,
  • 1 week if the contract is longer than 2 weeks,
  • 2 weeks if the contract is 3 months.

An employment contract for a trial period may be terminated by both the employer and the employee. The termination must be submitted in writing. When an employer submits a notice of termination, it should include an instruction on the employee's right to appeal to the labor court and the date of such an appeal, as well as the address of the court to which it should be lodged. In addition, the termination notice should contain information about the applicable period and the date of termination of the employment relationship.

Employment contract for a trial period and special protection of employees

Pregnant employee

An employment contract for a trial period concluded for at least 1 month, which would be terminated after the third month of pregnancy, the employer is obliged to extend until the day of childbirth. It is related to the special protection of working pregnant women.

An employee called up for active military service

The employment contract may not be terminated in the period between the day the employee is provided with the vocation card for active military service and the day it is served. If the termination notice is delivered after receipt of the appointment card, it becomes ineffective. If the trial period expires after the employee is appointed to active military service, the employment contract is deemed to be concluded for an indefinite period.

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Agreement for a trial period in the wFirma.pl system

Each entrepreneur planning to hire a new person may choose cooperation based on a work contract for a trial period. The wFirma.pl system guarantees the possibility of easy and intuitive issuing of such contracts to employees. A work contract is added in the program from the PERSONNEL »AGREEMENTS tab, where it is enough to click ADD» JOB CONTRACT.

In the generated dialog, the user defines the parameters of the contract, including the type of employment contract - "trial period". The system automatically completes the end date of the contract, taking into account the upper time limit for this type of contract, i.e. 3 months.

You can read more about the above topic in the article: Adding an employment contract - what information should be entered?