Termination of an Employment Agreement during the Trial Period

The employer and employee may agree upon a trial period. For further information, see [Trial Period]⁠.

The trial period provides the employer a chance to consider whether or not the employee is suitable for the job. On the other hand, it also offers the employee a chance to consider does he/she really want to work for the employer. During the trial period it is possible both for the employer and the employee to terminate (without the grounds for termination or cancellation of employment relationships set in the Employment Contracts Act) the employment agreement to end immediately.

Neither the employer nor the employee must give any reason for the cancellation. The employer must, however, provide an explanation of the appropriate reasons behind the cancellation if the employee so requests. However, it is forbidden to cancel the employment relationship during a trial period due to discriminating or, in regard to the purpose of the trial period, inappropriate reasons. Thus, the ground for cancellation cannot e.g. be the employee's religion, sex, age, pregnancy, nationality, ethnic heritage, sexual orientation, language, political views or activities, family, union ties or any other comparable reason. Furthermore, production-related and/or financial reasons of the employer do not constitute valid trial period cancellation grounds. Being elected as shop steward or another employee representative on the other hand does not invalidate the trial period term, i.e. the individual’s employment relationship can still be cancelled during their trial period.

In case an employee presents grounds indicating that the cancellation was due to inappropriate reasons, it is up to the employer to prove that the cancellation was in fact due to appropriate reasons. Acceptable grounds for terminating the employment relationship during the trial period that have been deemed deficiencies related to the performance of work, such as tardiness and unauthorized absences, as well as the employee’s general unsuitability or inability to adapt to the work or as a member of the work community. The unsuitability does not have to be directly related to the work performance. It can also relate to other behavior at the work place.

A termination during the trial period has to be carried out during the trial period, i.e. the termination notice has to be given to the employee in person, or if that is not possible, be sent by mail or electronically by the latest on the last day of the trial period. The employer should before terminating the employment give the employee an opportunity to be heard regarding the termination. The employee is allowed to use an aid /assistant when being heard. If requested by the employee, the employer must state the true termination grounds known to the employer.