The probationary period starts on the day on which the employee actually begins to perform his work and is deducted in terms of calendar days, not days of work.
The probationary period includes days off, rest days, public holidays, etc.
Thus, if the probationary period expires during a day off, whether it be a Saturday, a Sunday or a public holiday, it will not be extended until the next following day worked.
Examples
- a probationary period of 3 months which started on 2 May will end on 1 August at midnight;
- a probationary period of 2 weeks which started on Monday 16 April 2012 will end on Sunday 29 April 2012 at midnight.
However, the usual practice, also upheld by the case law, is to have the probationary period run from the day of entry into force of the employment contract until the day of the last month of the probationary period which bears the same number as the day of entry into force of the employment contract.
By analogy, where the probationary period is expressed in weeks, it may also run from the day of entry into force of the employment contract until the day of the last week of the probationary period which bears the same name as the day of entry into force of the employment contract.
Examples
- a probationary period of 3 months which commenced on 2 May will end on 2 August at midnight;
- a probationary period of 2 weeks which started on Monday 16 April 2012 will end on Monday 30 April 2012 at midnight.