September 20, 2021 rcplegal 0 Comments

In order to verify the employee’s skills, at the conclusion of the individual employment contract, a probationary period can be established:

  • for a maximum of 90 calendar days for the execution functions
  • for a maximum of 120 calendar days for management positions


The verification of the professional aptitudes for the employment of the disabled persons is carried out exclusively through the modality of the probationary period of maximum 30 calendar days.


During or at the end of the probationary period, the individual employment contract may be terminated exclusively by a written notification, without notice, at the initiative of either party, without the need to motivate it.


During the execution of an individual employment contract, only one probationary period can be established. As an exception, the employee may be subjected to a new probationary period if he starts at the same employer in a new position or profession or is to perform the activity in a job with difficult, harmful or dangerous conditions.

The employee employed with an individual fixed-term employment contract may be subjected to a probationary period, which shall not exceed:

  • 5 working days for a duration of the individual employment contract less than 3 months
  • 15 working days for a duration of the individual employment contract between 3 and 6 months
  • 30 working days for a duration of the individual employment contract of more than 6 months
  • 45 working days in the case of employees employed in management positions, for a duration of the individual employment contract of more than 6 months

During the probationary period, the employee benefits from all the rights and has all the obligations provided in the labor legislation, in the applicable collective labor contract, in the internal regulation, as well as in the individual labor contract.


The period in which successive probationary employments of several persons can be made for the same position is of maximum 12 months.

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