BlogEntrepreneurship & BusinessLegal ResourcesA Probation Period Never Hurt Nobody: All the Labor Code Provides 

September 11, 20210

Amicable warning: Reading this  will take you less minutes than Fergie’s song for the Great Gatsby. 

Why are you here?

Probably you have applied to one of the Legit posts on vacancies. 

We can’t advise you how to write the CV or what to say during the interview. However, we can provide the proper legal background of what you should expect from your employee and the employment agreement.

First things first

You passed the interview stage. The employer invites you to a meeting to sign the Employment Agreement. You read that one of the Articles is titled “Probation Period”. 

Nothing to worry about! A probation period is an assessment for being fit for a job. The Albanian Labor Code allows it. 

What to expect?

  • A fixed-term contract, or
  • An unlimited- term contract.

Generally, the first 3 (three) months of work are considered a probation period. Unless it can be reduced or removed. Nonetheless, the duration of the probation period should always be specified in writing.

The probation period in a fixed-term contract should not exceed 3 (three) months. 

The probation period in an unlimited-term contract should be taken for granted that it will last for 3 (three) months. Hence, there is no need to specify it. However, the parties are free to include the provision in the employment agreement. Nevertheless, if  the parties agree on a shorter term, or in its absence- it should always be stipulated.

For example: In an unlimited-term contract, the parties want to have a 5 (five day) probation period. If they don’t specify that it will be only 5 (five) days, it will be interpreted as a 3 (three) months probation period. 

So if you read a clause similar to this: “During the first three months, the Employer and the Associate can terminate the Agreement by giving 5 (five) days prior written notice” – you should understand:

  • The “first three months” stand for the probation period.
  • During the probation period each of the parties can terminate the agreement by giving a 5 (five) days prior written notice.
  • Termination of the agreement during this period does not require the application of any special procedure (as it should be followed in the case of fixed-term or unlimited-term contracts after the probation period has ended).

Did we break the promise? If so, please replay the song. We have other materials for you to read!

 

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