FAQs

Any worker together with the employer may agree on working under a contract with a probationary period which is shorter than periods envisaged in the law.

If a worker during the probationary period takes more than two weeks of leave during her/his probation period, such probation shall be considered as suspended which will resume upon reentry to work. During suspension period of the probation the employer cannot dismiss the employee in question.

Yes, employees have the right to take up additional employment as long as it is outside of the work schedule established with any employer. In this regard, the employer, is not allowed to prohibit the take up of any other employment of a worker or treated adversely due to such matter.

Yes, an employer is allowed to prohibit the take up of a said employee, in cases where there are:
– Objective grounds, such as health and safety.
– The protection of business confidentiality.
– The integrity of the public service.
– Issues of possible conflict of interest which may arise by taking such other employment.

In cases where the pattern of work of any worker is entirely or mostly unpredictable, the employer can oblige the worker to fulfil the requested tasks to be performed by the said worker only if the following two conditions are met:
1. The work to be performed is within the established and agreed dates and time frame by the employer and employee.
2. The worker is informed well ahead of time on the tasks and the period on which such tasks are to be performed and according to the defined parameters of the regulation.

In cases of unpredictable pattern of work the employer needs to inform the employee:
a. At least 30 days before the assignment of work in cases where such assignment has a duration of 6 weeks or more of work.
b. At least 15 days before the assignment of work in cases where such assignment has a duration of 2 weeks up to 5 weeks of work.
c. At least 7 days before the assignment of work in cases where such assignment has a duration of 1 week up to 2 weeks of work.
d. At least 3 days before the assignment of work in cases where such assignment has a duration between 5 to 7 days of work.
e. At least 1 day before the assignment of work in cases where such assignment has a duration of less than 5 days of work.

Yes, in cases where the probationary period if any and which probationary period must not exceed 6 months are fulfilled by the employee, the said employee has the right to request the employer to provide more predictable and secure working conditions where available. The employer is also obliged to provide the terms of reply in writing to the employee within 1 month of the request or 3 months in cases of micro, small or medium enterprises.