Trial period in employment contract: Legal validity

Questioner

My employment contract states that I will be employed for a fixed period on October 15. The employment contract was entered into for a period of 6 months and therefore ends on November 17. My contract also includes a trial period of one month, is this valid or not? The end date is 6 months and 1 day, which they use to get around this, but they seem to be covering it up by using the wrong name for the period.

Lawyer

In principle, there is only the possibility to cancel during the trial period. I am working for you.

Lawyer

From your question I gather that you want to know whether the probationary period clause in your employment contract is legally valid and not whether you can terminate the employment contract prematurely. Assuming this, I will answer your question. As you have written your question, it appears that the employment contract was entered into for 13 months and a few days, namely from 15 October 2016 to 17 November 2017. If the employment contract was entered into for six months, it would automatically end on 14 April. Now, it may be that you accidentally mentioned the wrong dates or that your employer wrote down the dates incorrectly in the employment contract. In principle, a trial period clause may only be agreed in a fixed-term employment contract if it has been entered into for a period longer than six months. In theory, a trial period may also be agreed if the contract is entered into for six months and a few days. I hope this answers your question.

Questioner

November 17 in my question should indeed be April 17. So when looking at the date mentioned, the contract lasts 6 and a few days. It is really said that the employment contract is entered into for 6 months and not for 6 months and a few days. Is the trial period in this case legally valid?

Lawyer

To make your employer willing to make a choice, I recommend communicating this carefully.

Lawyer

There are two interesting points in your case: 1. Is a trial period allowed? I would wait and see if you get through the trial period well? If so, the problem is solved. If not, then it depends on the exact wording(s) of the provisions regarding the trial period and the length of the employment contract; 2. the end of the employment contract. A fixed-term employment contract ends by operation of law. When is that the case for you? Must timely notice be given? ad 1 and 2. If you have any problems, I advise you to contact a specialized employment law attorney.