.According to § 10¹ (1) of the Employment Contracts Act, a four-month probationary period applies from the employee's first day of work. The purpose of the probationary period is to assess whether the employee’s health, knowledge, skills, abilities, and personal qualities meet the requirements necessary for performing the job.

The termination notice template is suitable for situations where the employer intends to terminate the employment contract during the probationary period due to the employee’s failure to meet the probationary objectives.

What is the notice period?

Termination of an employment contract during the probationary period is simplified, and general rules for termination do not apply. According to § 96 of the Employment Contracts Act, the employment contract may be terminated during the probationary period with a minimum of 15 calendar days' notice.

To be valid, the termination notice must be communicated to the other party no later than the last day of the probationary period.

If the 15-calendar-day notice period is not observed, the affected party has the right to claim compensation for damages equivalent to what they would have received had the notice period been respected (§ 100 (5) of the Employment Contracts Act).

How should the termination be justified during the probationary period?

In accordance with § 86 (4) of the Employment Contracts Act, the employer must justify the termination and ensure that the reason aligns with the objectives of the probationary period.

The employer must explain why the employee is unsuitable for the agreed work based on their:

• Knowledge
• Skills
• Personal qualities
• Other relevant factors

Additionally, the employer should specify the circumstances demonstrating that the employee has failed to perform satisfactorily during the probationary period.

When is the employer not allowed to terminate the contract due to failure to meet probationary objectives?

According to § 86 (4) of the Employment Contracts Act, the employer can only justify termination due to unsatisfactory results with reasons related to the employee's performance. The employer cannot use unrelated reasons to justify termination under the probationary clause.

For example, the employer may not terminate the contract for failing to meet probationary objectives if the actual reason is:

• The employee’s breach of contract (this should be handled under § 88 (1) of the Employment Contracts Act).
• Redundancy or economic reasons (this should be handled under § 89 (1) or (2) of the Employment Contracts Act, with notice periods according to § 97 of the Employment Contracts Act).

Does the employer need to sign the termination notice?

The termination notice must be provided in a form that allows written reproduction. This means:

• The notice can be sent via email (as long as it is properly justified).
• Alternatively, it can be delivered as a signed physical document.