Probation Period Rules Across 7 Countries

TL;DR: A probationary period is not a legal free-for-all. Every jurisdiction in MmowW Scrib🐮's coverage area has rules governing maximum duration, notice requirements during probation, and the rights of employees even before the probationary period ends. Getting this wrong can expose you to unfair dismissal claims from day one in some countries.

The Problem

The appeal of a probationary period is intuitive: it feels like a trial run, a chance to assess fit before making a permanent commitment. Many employers assume that during probation, they can dismiss an employee at any time with minimal notice and no risk of legal challenge.

That assumption is wrong in most of the seven countries MmowW Scrib🐮 covers.

In New Zealand, a 90-day trial period can only be used by employers with fewer than 20 employees, must be in the written employment agreement before work starts, and cannot be added retroactively. In Australia, the Fair Work Act's unfair dismissal protections only kick in after the minimum employment period — but employees dismissed during probation can still bring general protections claims if the dismissal is for a prohibited reason (e.g., exercising a workplace right). In France, the période d'essai has maximum statutory durations that cannot be extended without the employee's agreement, and the notice required to terminate during probation increases with the length of employment.

Understanding the probation rules in each jurisdiction — and drafting a contract that accurately reflects them — is one of the most consequential document preparation tasks a new employer faces.

How the Employment Checker Solves It

MmowW Employment Checker helps you verify:

• The maximum lawful probationary period length in each country
• The notice period required to dismiss during probation (which differs from post-probation notice)
• Whether your proposed probation clause complies with local requirements
• What rights employees retain even during probation (anti-discrimination, health and safety, etc.)
• Whether the probation clause must appear in the written contract before the employee's first day

The tool does not assess whether a specific dismissal is lawful — for that, consult a qualified employment solicitor. It gives you a structured compliance baseline for your document preparation.

Real-World Scenarios

Scenario 1: New Zealand Employer Adds Trial Period After Start

A Wellington-based retail business hires a shop assistant and, a week into the job, asks her to sign an employment agreement that includes a 90-day trial period clause. Under the Employment Relations Act 2000, the trial period clause must be agreed upon and signed before the employee begins work. The retrospective clause is void. The employer cannot rely on it when the employee challenges her dismissal at the end of week 10. Running the Employment Checker before drafting the agreement would have flagged this requirement — trial period clauses must precede the employment relationship.

Scenario 2: French Fixed-Term Contract, Extended Probation

A Paris-based marketing agency hires a junior designer on a six-month CDD (fixed-term contract). The agency includes a two-month période d'essai in the contract. Under French labour law (Code du Travail Art. L1221-19 to L1221-26), the maximum trial period for a fixed-term contract of six months is one quarter of the contract duration — 45 days in this case. The two-month clause is illegal and unenforceable. The Employment Checker flags the maximum probation duration for French fixed-term contracts, preventing the agency from drafting a non-compliant clause.

Scenario 3: UK Employer, Probation Dismissal Without Notice

A UK software company dismisses a developer during a three-month probationary period with no notice, relying on a clause that says "no notice during probation." The developer has been employed for two months. Under section 86 of the Employment Rights Act 1996, employees are entitled to a minimum one week's notice after one month of continuous employment — regardless of what the contract says. The statutory minimum cannot be contracted out. The Employment Checker highlights that contractual zero-notice clauses during probation are unenforceable once the one-month threshold is crossed.

Country-by-Country Requirements

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→ Verify probation period rules for your jurisdiction

Also helpful for your document preparation:

• Cost Calculator — Model total employment costs including onboarding
• Name Checker — Confirm your business name is available in your target country
• Director Checker — Verify director eligibility before incorporating
• Filing Deadlines — Track probation-end review dates alongside statutory filing deadlines

Ready to prepare compliant employment documents across all seven countries?

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⚠️ UPL Disclaimer: MmowW Scrib🐮 is a document preparation service, not a law firm. We do not provide legal advice. Employment and probation law is complex and jurisdiction-specific. Always consult a qualified solicitor or employment lawyer before drafting or implementing probationary period clauses or making decisions about employee dismissal.

Frequently Asked Questions

Q: Can I extend a probationary period if I'm unsure about an employee?

A: It depends on the jurisdiction. In France, a probationary period can be renewed once if the collective agreement permits and the employee agrees in writing. In Sweden, a provanställning of up to six months can be agreed, but it cannot be extended beyond six months — it converts automatically to permanent employment if not terminated. In the UK and most of Australia, there is no statutory maximum, so extension by written agreement is generally permissible. Always document any extension in writing and ensure the employee's agreement is obtained.

Q: Does an employee on probation have any discrimination protection?

A: Yes — in all seven jurisdictions. Anti-discrimination protections apply from the first day of employment regardless of probationary status. An employer cannot dismiss an employee during probation because of their race, sex, disability, religion, or other protected characteristic. In Australia, this falls under the "general protections" provisions of the Fair Work Act 2009, which apply regardless of the minimum employment period. A probationary period does not create a discrimination-free zone.

Q: What is the difference between a probationary period and a trial period in New Zealand?

A: Under the Employment Relations Act 2000, a "trial period" is a specific statutory mechanism allowing employers with fewer than 20 employees to dismiss an employee within the first 90 days without the employee being able to bring an unfair dismissal claim. It must be expressly agreed to in writing before employment begins. A "probationary period" is a broader concept that can apply to any employer but does not carry the same dismissal protection for the employer. The two terms are not interchangeable in New Zealand law.

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