Probation periods, or zkušební doba, are part of an employment relationship. They can benefit both the employer and the employee. It allows the employee to check whether the working conditions are as they expected. It also allows the employer to decide whether they are satisfied with the employee’s performance and overall fit.

The Czech Labour Code regulates the conditions and the duration of probation periods. It is important for both the employer and the employee to be aware of these regulations to avoid any legal issues.

Definition of a Probation Period in the Czech Republic

The probation period is a trial period at the beginning of employment when the employer and the employee can assess whether it’s a good match. 

The Czech Labour Code does not require a probation period. But if the employer and the employee agree on it, it has to be agreed on in writing and stated in the employment contract on the first day of employment. 

The probation period is flexible, as it allows either the employer or the employee to terminate the contract at any time during the probation period with a shorter period of notice and without giving reasons.

Lengths of Probationary Periods in the Czech Republic

The duration of the probation period is limited by law. It may not exceed 4 consecutive months counted from the start of the employment relationship for an employee and 8 consecutive months for a managerial employee.

The probation period always begins on the first day of employment. It cannot be agreed retroactively, and it can be shorter but not longer than the maximum period set by law.

If the employee is absent from work during the probation period (e.g., due to illness or parental leave), the period is automatically extended, unless the employer and the employee have expressly agreed in writing that it is not to be extended.

Permanent or Indefinite Contracts

If an employee signs an indefinite employment contract in the Czech Republic, the probation period is a trial before permanent employment starts. In this case, it is still limited by law to 4 months for regular employees and 8 months for managerial employees.

After the probationary period expires, the employment relationship becomes permanent provided that neither the employee nor the employer has terminated the contract.

Fixed-term or Definite Contracts

The probation period for fixed-term contracts is identical to indefinite ones, but with one additional restriction. It must not last more than half of the length of the fixed-term employment. If, for example, a fixed-term employment contract is for 4 months, the probation period cannot be longer than 2 months.

It is still subject to the maximum lengths of probation period provided for by law. If the employment contract is short, like three months, for example, it may not make much sense to have a probation period at all. 

A probation period that is disproportionately long in relation to the contract period is considered invalid by law.

Legal Considerations for Probation Periods in the Czech Republic

In the Czech Republic, the Labor Code states that the probation period must be agreed in writing and specified in the employment contract no later than the first day of work. Oral agreements or attempts to add a probation clause after the fact are not legally valid. The probation period must be agreed upon by both the employer and the employee and cannot be imposed by the employer alone. 

If the probation period exceeds the maximum allowed period or otherwise violates the Labour Code, it is considered invalid. 

Probation clauses are also subject to anti-discrimination laws and cannot be used to bypass legal employee protections. Termination based on gender, age, disability, or ethnicity is illegal and can be challenged in court.

Pay and Working Conditions

During the probation period in the Czech Republic, employees have the same rights as other employees under a regular employment contract who are doing the same job in terms of salary and working conditions.

The trial period does not change anything about their pay, working hours, rest periods, or occupational health and safety. The employer must pay the employee the same salary as agreed in the employment contract, and the employee is entitled to all the benefits and allowances provided for in the contract or by law.

The employee has the right to social security and health insurance during the probation period, and the employer pays the contributions as usual.

Termination and Notice

The only difference between probation and the normal employment relationship with regard to termination and notice is that during the probation period, the employment can be terminated without any reason by the employee as well as by the employer.

Termination must be in writing and must be delivered to the other party on the last day of the probation period. Thus, during the probation period, in contrast to normal employment, there is no minimum notice period, unless a certain notice period has been agreed in the employment contract.

Vacation / Holidays

Paid vacation in the Czech Republic starts from the first day of work, even during probation. The length of vacation, which the employee is entitled to, is calculated from the time worked from the day of commencement. Therefore, even if the employee remains after the probation period, they can use vacation earned during this time.

If employment is terminated during the probation period, they normally receive compensation for unused vacation days that they have earned.

Public holidays during the probation period, for example, Restoration Day of the Independent Czech State on January 1, should be handled the same as for a regular employee, unless the probationary employee didn’t work on that day anyway.

Benefits of Probation Periods in the Czech Republic

Probation periods benefit both the employee and the employer. They give both sides the time to make the right decisions about continuing or terminating the employment relationship.

  • For Employees

The probation period can help employees get used to the new work environment. It allows them to learn about the company culture, meet future colleagues, and experience what their daily work life will look like. It gives the employees time to test out a position and see if it’s what they expected in terms of job responsibilities, salary, work-life balance, conditions, and more. 

If an employee is not happy, they are free to leave at the end of the probation period, without giving any explanation. 

Probation is also a good way to make a strong first impression. It allows the employees to show their skills, commitment, and value during, and build a good reputation within the team and company.

  • For Employers

Probation periods give employers the chance to test new employees and evaluate their performance. During this period, employers can decide if the new employee is right for the position or not before offering them permanent employment.

If the employer is not satisfied, they can terminate the contract during or at the end of the probation period without having to go through the formalities of normal employment. This saves the employer’s time and money.

This period is also a great opportunity for the employer to give training and support to the employee and educate them about the company policies.

Conclusion

The probation period is beneficial to both the employer and the employee. For the employee, they can test if the job meets their expectations and goals. The employer can also evaluate the performance of a new hire before a long-term commitment. 

Both the employer and the employee should understand the regulations and rules set in the Czech Labour Code to avoid legal problems.

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Frequently Asked Questions

No. The probation period must be agreed in writing before or on the first day of work. If a contract does not mention a probation period, then it does not exist.

Only in certain circumstances. The probation period may be extended to account for days when the employee was absent, but only for that exact number of days. It cannot be more than the legal maximum.

Yes. Employees have the right to sick leave from the start of employment. The probation period is automatically extended by the number of absences.