New employees? This is how you get the most out of the trial period
Both among employers and employees, there is a widespread perception that the trial period has no reality. That does not have to be the case. We give you the tips you need to use the trial period for what it is intended for: to test whether the new employee fits in the position.
The purpose of the trial period is for the employer to have a certain period of time to assess whether the person you have hired fits into the position. This should also reduce the risk of incorrect hiring. The rules for termination are therefore different during the trial period than what applies otherwise.
In short, there are three important differences in termination before and after the trial period. First, the conditions for dismissal are less strict than otherwise, if the dismissal is due to the employee's adaptation to work, professional skills or reliability. The Supreme Court has ruled that the threshold for dismissing an employee during the trial period must be somewhat lower than otherwise, and that the difference is not insignificant.
Secondly, the notice period is shorter, and thirdly, the employee as a general rule does not have the right to remain in her post if she disagrees with the dismissal and goes to court. In practice, this means that a trial period entails less risk for the employer than if you wait until after the trial period has expired.
Here are five specific tips on how to use your trial period in the best possible way:
1 Include a trial period stipulation in the employment contract
A prerequisite for the trial period rules to apply is that the employment contract explicitly states that the employee is employed on a specific trial period. If it does not, the usual termination rules apply from the start.
When the employment contract contains such a trial provision, the notice period during the trial period is 14 days. This applies to both dismissal from the employer and from the employee. During the trial period, the notice period is also calculated from the date the notice is given, instead of from the first day of the following month.
The trial period can be up to six months, and in order to obtain the best possible basis of assessment, it is usually appropriate to have such a long trial period. The trial period provision should also stipulate that the period can be extended if the employee is absent during the trial period, and this is not due to the employer.
2 Set specific and measurable requirements
Although the threshold for termination is lower during the trial period than otherwise, it is not freely forward. It is still the employer who must be able to document that the employee is not working well enough in the position. Case law shows that this is easier if you have set specific and measurable requirements from the start, for example in the form of personal budgets or expected production.
3 Document the training
In order for a trial period to be valid, the employee must have received the necessary training and guidance. Here, of course, one must look at the employee's competence and experience - more training is required when hiring a recent graduate than one with a lot of experience. In any case, it is an advantage to be able to document that the employee has received basic information about the business through onboarding, in addition to an educational provision adapted to his/her level.
4 Document feedback
In a desire to be kind, it is tempting to avoid giving negative feedback. It may strike back. In order for a trial period to hold, the employee should have received feedback on their performance and a real opportunity to improve. This can be done, for example, through regular follow-up meetings with the employee. In order to avoid evidentiary problems in retrospect, it is also a good idea to ensure that at least part of the feedback is recorded in writing.
5 Remember the end date of the trial period!
The expiry of the trial period is decisive for whether the special rules for trial termination apply. If you only exceed the deadline by one day over time, the usual rules apply. In a new ruling, the Supreme Court's Appeals Committee has ruled that the trial period is calculated from date to date. If the trial period begins on 1 January, it expires on 1 July. To be on the safe side, we still recommend that you as an employer prepare well in advance and do not wait until the last day to give notice.
