Lexicon

Employment & Labor Law

Probationary Period

The probationary period allows the employer and the employee to assess the work and the conditions of the relationship before its definitive continuation. It must be validly stipulated in writing at the latest upon entry into service. A recent hire is therefore not, by itself, a 'trial' hire.

Its maximum duration depends notably on the qualification and, in some cases, the level of remuneration. Twelve months do not constitute an authorized duration for all employees. A fixed-term contract also has particular limits. The validity of the clause must be checked before calculating the notice of termination.

Ordinary termination is in principle not possible during the first two weeks. Thereafter, the notice specific to the probationary period must be able to end before its term. Illness may affect the schedule within the provided limits, while certain protections require further analysis. The best practice is to establish a chronology: signature, first day worked, possible suspension, notification, and end of notice.

Official Sources

• Guichet.lu — Rupture pendant la période d’essai
• ITM — Préavis pendant la période d’essai