How long is the probationary period?
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The first six months of employment constitute
probation. The parties can however agree to a shorter term. In the case of a
contract of service, or a collective agreement, in respect of employees
holding technical, executive, administrative or managerial posts and whose
wages are at least double the minimum wage established in that year, such
probation period is of one year unless otherwise agreed (for a shorter
period).
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Can the employment be terminated during the probationary period?
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During probation either party may terminate the
employment without assigning any reason, provided that one week notice is
given if the employment has exceeded one month. However, in the case of
terminating the employment of a pregnant employee during probation, the
employer is obliged to give her the reasons in writing to justify that the
dismissal is unrelated to the employee's condition.
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Can a probationary period be extended?
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The probationary period cannot be extended beyond
the maximum period allowed by law. Where the employer and the employee agree
for a shorter period, such period is binding by law and can only be extended
up to the maximum limit contemplated by law if both parties agree to do so.
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