Probation in San Marino is the initial period of an employment contract, which is used to test both the employee and the employer to see whether they are a good match for each other.

It is an essential part of the hiring process that helps the employer to verify the employee’s abilities, character, and output, while also giving the worker a chance to decide whether or not he or she is happy with the workplace and position they have been offered.

In the Republic of San Marino, this period is regulated by labor legislation and collective agreements. The regulations are very detailed, from the moment of the employee’s first appearance at the place of work to the official date of their admission registration. The purpose of these provisions is to ensure the transparency of the process, as well as the rights and obligations of all parties.

Thorough knowledge of these regulations will help employers hiring in San Marino not to get into any awkward situations at the very start of their business.

Definition of a Probation Period in San Marino

Probation period in San Marino, as defined by law, is the period at the beginning of an employment relationship established as a preliminary or trial period, during which the employment relationship can be terminated more easily than in an open-ended permanent employment contract.

The agreement on the probationary period must be in writing; otherwise, the employment relationship is considered to be confirmed from the first day of work.

The purpose of the probationary period is to confirm the worker’s professional skills and personality for the tasks performed. Unlike in some countries, where a probation period might be implied by default, in San Marino, it is mandatory for it to be explicitly stated in a signed employment letter or contract.

The end of the probation period, without any notice from either the employer or the employee, automatically transitions the employee to permanent status, with seniority from the original start date of employment.

Lengths of Probationary Periods in San Marino

The length of the probationary period in San Marino is not fixed by law, but it is determined by the “Contratti Collettivi di Lavoro” (Collective Labor Agreements) of each sector.

Although the maximum duration is established by law to prevent misuse, it usually depends on the complexity of the job and the responsibilities involved in the position.

Permanent or indefinite contracts

In indefinite or permanent contracts, probation periods of one to three months are normal for routine work, but for managerial, executive, or very technical posts, they can last up to a legal maximum of 6 months, where the employee has to be monitored for a longer period. It is not legal to extend the probation period beyond six months in indefinite contracts.

After this period, the employee is considered a permanent employee with all the protections against firing, for example. The exact time must be mentioned in writing in the contract; otherwise, the clause is usually ruled in the employee’s favour, and the period is considered null.

Fixed-term or definite contracts

Probationary periods in fixed-term contracts of San Marino are not treated the same way as in permanent contracts. The reasoning is based on the legal principle of proportionality. It would not be right to impose a six-month trial period on a six-month contract. That’s why the trial periods for fixed-term contracts of short duration are much shorter.

Trial periods in fixed-term contracts of San Marino are usually calculated as a fraction of the total duration, usually one-third of the contract duration or some number of days (typically 15 to 30) for contracts of less than one year.

This makes sure that the probation does not take up the major portion of the employment period, leaving the employee a fair time of secure earnings.

Legal Considerations for Probation Periods in San Marino

The legal system in San Marino strongly emphasizes the need for a written probation clause. Therefore, an oral agreement for a trial period is of no effect before a Sammarinese judge.

It is also forbidden to use the probation period for temporary hirings to have the employee perform the same work continuously to escape the duty of hire.

Moreover, collective bargaining agreements provide that the probation period is interrupted in the case of work-related injury, legal maternity leave, or serious illness, with the proviso that the probation period cannot be extended beyond the maximum period provided for by the applicable collective bargaining agreement.

Pay and Working Conditions

The wage and working conditions of an employee who is on probation must correspond to those of a confirmed employee in the same category. There is no such thing as a probationary wage that would permit an employer to pay remuneration below the statutory minimum.

As of the most recent collective wage increases in 2025, the minimum wage is generally around €1,728 per month for full-time workers, depending on the sector of activity (such as industry, crafts, or commerce).

The minimum statutory remuneration and the ISS (Istituto per la Sicurezza Sociale) social security contributions must be paid to employees on probation. They also have the right to overtime pay, days of rest, and safety protection as any other worker.

Termination and Notice

One of the main characteristics of probation in San Marino is the ability to end the relationship at a moment’s notice. During this fixed period, an employer (or employee) is usually able to terminate the contract at will, without needing the “just cause” that usually protects permanent workers.

There is normally a notice requirement, but it is much shorter than normal, and a few collective agreements actually allow immediate termination without notice during the very first period of probation (e.g., during the first month). However, once a minimum time has passed during the probation period, it is very common to require a notice of at least a week.

An employer who terminates the contract without such notice is usually required to pay an equivalent indemnity. The decision must also not be discriminatory, so firing a worker on probation because she is pregnant, or because she has married or joined a trade union, for example, is illegal and can be challenged in court.

Vacation / Holidays

Vacation days and holidays are accrued from the first day of work in San Marino, including during the probation period. Employees are usually entitled to 26 working days of annual leave per year (4 working weeks plus additional hours), but this varies according to the collective agreement.

The employee may technically accrue these days during a probation period, but the employer may not allow them to take vacation days until after the trial period has passed to ensure a seamless probation.

If an employee is dismissed during the probation period, the employer must pay for unused vacation days and a prorated “tredicesima” (13th-month salary bonus).

Benefits of Probation Periods in San Marino

Probation periods in San Marino, when applied correctly, balance the needs of a flexible labour market and worker protection and offer clear benefits to both the employer and the employee.

  • For Employees

For the employee, the probation period allows some protection against getting trapped in an unsuitable job, by providing an accepted reason for an early departure with a shorter notice period, if the working atmosphere, the workload or the actual day-to-day activities turn out to be different from what was described in the job interview.

Probation is also a period of paid training, during which the employee can show the employer that he or she deserves better conditions, and try to negotiate improved terms or specific tasks at the point of confirmation.

Employees are not financially penalised for this trial period either, because the pay and social security contributions remain the same as after confirmation.

  • For Employers

For the employer, probation is a risk-reduction strategy. Employment law in San Marino is heavily weighted in favour of permanent staff. It is both complex and costly to terminate an employment relationship once confirmation has been given.

During the probation period, the employer can check technical skills, punctuality, and ability to fit in with the team, in the workplace itself, before taking on the long-term legal and financial obligations of a permanent contract.

It also protects the business’s overall productivity and morale by making it less likely that an unsuitable candidate will be retained.

Conclusion​

Probation in San Marino is a regulated, yet flexible solution that benefits both employees and employers. To ensure a risk-free experience for both parties, businesses should make sure to execute a written contract and adhere to the collective agreement on terms of probation concerning duration and salary.

On the other hand, the employees are entitled to the full salary, social security, and a chance to assess the working environment. For employers, a better understanding of San Marino labour laws related to probation period will make your start less stressful and fully compliant with the Republic’s regulations.

These probation period regulations can be difficult to handle, especially when you are busy growing your business. This is why Remote People can be your smart solution. Contact us today to discuss how we can handle regulatory and compliance requirements for your business in San Marino.

Frequently Asked Questions

The probationary period for indefinite contracts is typically 6 months for executives and 3 months for non-executives in many cases. The probationary period for fixed-term contracts is shorter and proportional to the contract's length.

Yes. If the probation clause is not expressly stipulated in a signed document, the employee shall be deemed to be hired as a permanent employee from the very beginning.

In general, during the probationary period, the employer is not required to show "just cause" for the dismissal of a probationary employee, as it would be for a permanent employee, so long as the dismissal is not discriminatory.