Irish employers, like employers around the world, struggle to ensure their hiring decisions are correct. Even if they explain their job requirements well, screen applications efficiently, and perform insightful interviews, they can still make selection errors that can end up being very costly.

Employees can also make mistakes, working hard to get themselves into new positions and then finding themselves in the wrong situation. A probation period is one of the checks and balances that helps to ensure employees are right for their jobs.

Probation periods in Ireland are used widely and, in this guide, we’ll explain their benefits and the regulations that govern them.

Definition of a Probation Period in Ireland

When a probation period is used in Ireland, it starts from the very first day of a worker’s employment and continues for a length of time stipulated in their contract. The employer uses this time to observe the new employee on the job, performing the tasks that are required in their position.

The employer not only assesses the employee’s skills and aptitudes but also investigates their ability to adapt to the company and specifically to working on their team. If the employer feels that the employee is not able to adapt or doesn’t possess the skills to adequately perform their job, they may choose to dismiss the employee.

From the employee’s side, the probation period represents an opportunity to test out the job and the employer. The employee has to assess whether or not they think they’ll be successful in their role and be able to work well with their colleagues. They also check to see if the working conditions they were promised are accurately provided.

The employee may resign if they don’t feel the job will work out well. If neither party terminates the employment contract during the probation period, however, the contract will continue and the worker will become a permanent employee.

Lengths of Probationary Periods in Ireland

Probationary periods are not mandatory in Ireland, and as such, they have no minimum required length. Their maximum length is regulated, however, and cannot exceed six months for private sector workers according to both Irish and European Union (EU) law.

In some circumstances, this can be extended for as many as six more months if it is in the interest of the employee (to give them an opportunity to improve) or if the employee was on an extended leave during the initial period.

Probation for public sector employees may last as long as 12 months. Therefore, while probationary periods in Ireland typically last three to six months, they can be as long as 12 months.

Legal Considerations of Probation Periods in Ireland

The rules and conditions for probation periods in Ireland are defined in several pieces of legislation including the Terms of Employment (Information) Act 1994 and the Protection of Employees (Fixed-term Work) Act 2003 amended.

Probationary period lengths and conditions must be stipulated in workers’ contracts or the written particulars given to them within their first five days of employment.

Pay and Working Conditions

Irish workers cannot be paid less simply because they’re on probation. They’re also protected by a minimum wage, which defines the lowest level they can be paid.

Probationary workers also cannot be made to work more regular hours or perform more overtime than what is stipulated for permanent workers. Irish workers typically work 40 hours per week and are allowed to work overtime, but their total average weekly hours cannot exceed 48 hours per week.

While employers must provide safe and healthy workplaces, Irish workers can ask for safer and more predictable working conditions after working for six months. This suggests that probationary employees can be asked to work under less favorable conditions than permanent employees.

Termination and Notice

Irish workers are protected by the Unfair Dismissals Acts 1977-2007, which require employers to justify terminations. However, this protection only comes into effect after an employee has worked for an employer for a full year.

As such, probationary employees can, in effect, be terminated without justification from the employer. They are, however, protected against dismissals based on union membership, maternity status, or personal discrimination.

Nearly all workers need to provide notice to their employers when they resign and all employers must provide the same when dismissing employees. The minimum notice period required from either party is one week’s notice if the employee has worked between 13 weeks and two years.

However, employees who have worked fewer than 13 weeks don’t need to give notice and their employers don’t need to offer it.

Vacation / Holidays

There are nine public holidays (“bank holidays”) in Ireland, and all full-time employees, probationary or permanent, are entitled to them. Workers should receive paid days off on these days or alternate paid days during the same month.

Irish workers are also entitled to a minimum of four weeks of annual leave, which works out to 20 days for 5-day-week workers and 24 days for 6-day-week workers.

Employees accrue leave at the rate of 1/3 of a week for each month worked. This means that probationary workers can accrue and use vacation days while on probation.

Benefits of Probation Periods in Ireland

Probationary periods can be advantageous for both employers and employees in Ireland. The benefits that can be obtained include:

  • For Employees

An opportunity to test out a job before making a full commitment

The chance to resign without giving notice or by providing minimal notice

  • For Employers

The ability to assess workers and dismiss them without requiring justification if their performance is not acceptable

Motivation for employees to work hard to quickly prove their skills and abilities

Frequently Asked Questions

No, there is no mandate for all workers to go on probation. However, probationary periods are very common and are generally considered necessary for academics and government workers.

If an employee has worked for fewer than 13 weeks, they can be dismissed without notice or justification. However, after 13 weeks, the employer must provide one week’s notice. These notice periods are the same for employee resignations.

Periods of three to six months are most common, though probation can last as long as 12 months.