Probationary Period

News & Analysis as of

Clarifications Regarding Trial Period by the French Supreme Court

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

Changes to the Labor Code of Ukraine concerning probation period (Ukrainian)

On 12 June 2016 Law no. 1367-VIII “On Amendments to the Labor Code of Ukraine (Concerning the Probation Period)” dated 17 May 2016 (the Law) came into force. The Law extended the list of persons to whom the probation...more

Changes to the Labor Code of Ukraine concerning probation period

On 12 June 2016 Law no. 1367-VIII “On Amendments to the Labor Code of Ukraine (Concerning the Probation Period)” dated 17 May 2016 (the Law) came into force. The Law extended the list of persons to whom the probation...more

Praktika zählen nicht als Probezeit nach § 20 BBiG

Ein vorangegangenes Praktikum wirkt sich nicht verkürzend auf die Probezeit aus, welche § 20 Satz 1 BBiG für Ausbildungsverhältnisse anordnet. Dies ist nun höchstrichterlich durch das Bundesarbeitsgericht entschieden (BAG vom...more

Labor law: will employers welcome proposed changes to the Labor Code?

The Ministry of Healthcare and Social Development of the Republic of Kazakhstan developed a new draft Labor Code of the Republic of Kazakhstan. In addition to other novelties, a number of proposed amendments to the labor...more

Be Alert Middle East: New Saudi Labour Law

The amendments to the Saudi Labour (Royal Decree No. M/46 of 05/06/1436) were published in the official gazette No. 4563 dated 24 April 2015. It has been announced by the Ministry of Labour that these will be implemented six...more

French Terminations: What Happens if You Miss the End of the Probationary Period?

You know that sinking feeling: you have a new employee in France who is not working out, and the manager has left it until the last minute to let you know. What happens if the required termination notice period will now...more

Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

Are “90 Day Probationary Periods” for New-Hires Required By law?

Many of my clients put new-hires on a 90 day probationary period. They do this either for their own convenience or because they mistakenly believe the law requires it. The idea that it is “required” by a law is a...more

Non-Probationary Employee Not Proper Comparator For Probationary Employee, Third Circuit Holds

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more

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