How to Defend Against Termination During the Probationary Period

Agreement on and Duration of the Probationary Period

The probationary period is most often specified directly in the employment contract. However, it is also possible to agree on it after the contract is signed, but no later than the first day of employment. The probationary period must always be agreed upon in writing; a verbal agreement alone is not sufficient.

The probationary period may also be extended retroactively only by a written agreement between the employee and the employer, and only within the limits set by law. By law, the probationary period is further extended if the employee is absent due to an obstacle to work, taking vacation, or unexcused absence from work.

A probationary period cannot be agreed upon when changing job positions with the same employer. In this case, it is expected that both parties already know what to expect from each other. A probationary period may also be agreed upon only in the context of an employment relationship; therefore, it is not possible under agreements on work activities or agreements on the performance of work.

The Labor Code stipulates that the probationary period may not exceed 4 months from the date the employment relationship begins. For managerial staff, the probationary period may be up to 8 months. The probationary period is calculated from the date the employment relationship begins. If it is agreed upon in months, it ends on the day that corresponds to the date the employment relationship began; if there is no such day in the last month, it ends on the last day of that month. In practice, therefore, it does not matter whether a given month has 28, 29, 30, or 31 days.

How does this work in practice? Ms. Kamila started working for her employer on January 15, 2026, and has a four-month probationary period. Her probationary period begins on January 15 and ends on May 14, 2026.

Termination During the Probationary Period

If the employer or employee concludes that the agreed-upon employment relationship is not suitable for them, they can very easily terminate the employment relationship during the probationary period. Termination of employment during the probationary period is possible for any reason or even without giving a reason. In this case, the termination of employment is often referred to as termination during the probationary period.

Termination by the employee during the probationary period is not subject to any restrictions. For termination by the employer during the probationary period , the Labor Code imposes only one restriction: it is prohibited during the first 14 calendar days of an employee’s incapacity for work. If an employer were to terminate an employee’s employment to avoid the obligation to pay wage compensation, the termination would be invalid. If the employee is not on sick leave, the employer may terminate the employment relationship at any time and for any reason. In addition to incapacity for work, a pregnant woman cannot be dismissed on the grounds that she became pregnant during the probationary period (or that the employer discovered she was pregnant). In such a case, it would constitute discrimination. However, the employer may terminate her employment for other reasons, such as poor work ethic.

Notice of termination during the probationary period must be in writing and signed. It must clearly state who is giving the notice and to whom it is addressed. If you do not comply with the written requirement, the notice will not be considered valid, and the employment relationship will continue. The employment relationship ends on the date the notice is delivered during the probationary period, unless a later date is specified. This means the employment relationship can be terminated from one day to the next.

The delivery of a notice of termination during the probationary period is one of the most common issues that arise in practice. It is not enough for the employer to simply draft the document—what matters is the moment it is actually delivered to the employee. The employment relationship generally ends on that very day, unless a later date is specified in the document.

Notice of termination may be delivered in person at the workplace, by mail, or via a data box. If the employee does not accept the document, “deemed delivery” may apply, meaning the document is considered delivered even if the recipient did not actually accept it. However, this applies only if the legal conditions are met.

In practice, it often happens that an employer sends the notice of termination on the very last day of the probationary period, but the employee does not receive it until later. In such a case, the termination is no longer valid because the probationary period has already expired. Proper service of the notice is therefore a common point where one can effectively challenge the termination of employment.

Even during the probationary period, it is possible to enter into an agreement to terminate the employment relationship (known as “termination by mutual agreement”). The employment relationship then ends on the agreed-upon date, which may occur even after the probationary period has ended.

Is it possible to contest a termination?

Although an employer has very broad discretion to terminate an employment relationship during the probationary period, in practice, employers often make mistakes that can render the termination invalid. The most common mistake is failing to comply with the written form requirement. Verbal notification, an email without a handwritten signature, or a simple message sent through the employer’s internal system have no legal effect.

Another common mistake is delivering the notice of termination only after the probationary period has ended, even if it was drafted earlier. The decisive factor is always the time of delivery, not the date the document was drafted. Employers also frequently err when terminating employees during the first 14 days of sick leave, when the law expressly prohibits termination of employment.

Termination may also be invalid if the actual reason for termination is discrimination—typically pregnancy, parenthood, or a disability. In such a case, the employee may seek not only reinstatement but also back pay.

Given the broad scope for terminating an employment relationship during the probationary period, it is not common for such a termination to be invalid. However, this is possible if the notice of termination does not meet the formal requirements or is delivered only after the probationary period has ended. A notice of termination issued by the employer during the first 14 days of an employee’s incapacity for work will also be invalid.

If an employer invalidly terminates an employment relationship during the probationary period, the employee must notify the employer in writing that he or she insists on continuing the employment. In this case, the employer must pay the employee compensation for lost wages, even if the employee would not have performed any work.

If the employer does not accept the employee’s objection regarding the invalidity of the termination, the employee will have to file a lawsuit. The lawsuit must be filed no later than two months from the date the employment was supposed to end. Failure to meet this deadline cannot be excused.

If the employment relationship was terminated invalidly during the probationary period and the employee did not notify the employer that they wished to continue employment, then the employee is entitled to wage compensation only for the duration of the notice period, i.e., two months. It is important to keep in mind that even in the case of an invalid termination, it is always up to the employee to assert their rights. Otherwise, it will be presumed that the employee agrees to the termination, and the employment relationship will end.

We do not recommend using sample termination notices or employment termination agreements. A notice of termination template available for free download may not meet your needs and, more importantly, may not comply with the current wording of the law. Such a notice may be invalid, which could lead to numerous complications and, above all, liability toward the other party.

The Pitfalls of Working Off the Books

Some employers try to exploit the probationary period by having employees work without a properly executed employment contract, promising that “it will be put in writing soon.” However, this practice is highly risky and may be considered illegal employment. In such a case, the employee not only risks losing the protections afforded by the Labor Code but also faces potential penalties from regulatory authorities.

Furthermore, a probationary period cannot even begin without a validly concluded employment contract. If the employer subsequently “terminates the collaboration,” this is not a termination during the probationary period, but rather the de facto termination of an illegal employment relationship. The employee must then assert their rights through a more complicated process, often by retroactively proving the existence of the employment relationship.

Summary

The probationary period serves to verify whether the employment relationship suits both the employee and the employer, and therefore allows for its rapid termination, but only if the legal conditions are met. It must be agreed upon in writing no later than the first day of employment, may last a maximum of three months (six months for managerial employees), cannot be agreed upon in the case of agreements or when changing job positions, and is extended by law to account for full-day absences from work and vacation. Employment may be terminated at any time during the probationary period without cause; however, the termination must be in writing and delivered to the employee during the probationary period, otherwise it is invalid; Furthermore, the employer may not terminate the employment relationship during the first 14 days of an employee’s incapacity for work and must not act in a discriminatory manner, for example, on the grounds of pregnancy. If the termination of employment during the probationary period is invalid, the employee must notify the employer in writing that they insist on continued employment and, if necessary, file a lawsuit in court, which must be filed within two months from the date the employment was supposed to end; otherwise, their claims will lapse. At the same time, a probationary period cannot begin without a validly concluded employment contract, and working “off the books” poses significant legal and financial risks for the employee.