Section 15-6. Protection against dismissal in contracts of employment specifying a trial period
(1) If an employee engaged by written contract for a given trial period is dismissed, such dismissal must be on the grounds of the employee's lack of suitability for the work, or lack of proficiency or reliability.(2) The provisions of this section do not restrict the employer's right to dismiss an employee pursuant to section 15-7.(3) The provisions of this section only apply if notice is given before the end of the trial period. The trial period can be agreed for a period of up to six months. For a temporary appointment, the trial period may not exceed half the duration of the employment relationship. The trial period pursuant to this paragraph may nevertheless be extended in accordance with the fourth paragraph.(4) If an employee has been absent from work during the trial period, the employer may extend the agreed trial period by a period corresponding to the period of absence. Such extension may only take place when the employee has been informed of this possibility in writing at the time of his appointment, and when the employer has informed the employee of the extension in writing before the expiry of the trial period. The right to extend the trial period shall not apply to absences caused by the employer.(5) A new trial period cannot be agreed if the employee shall continue in the same post or in a post that is essentially the same post the employee has had in the same undertaking. For a permanent appointment, a new trial period may nevertheless be agreed if the employee's previous length of consecutive employment and new trial period do not collectively exceed six months.(6) The Ministry may issue regulations permitting agreement on a trial period longer than six months in the case of certain groups of employees.
