A probationary period shorter than or equal to one month must be indicated as a number of full weeks.
Examples
- 2 weeks;
- 3 weeks;
- 4 weeks.
A probationary period exceeding one month must be indicated as a number of full months.
Examples
- 2 months;
- 3 months;
- 4 months;
- etc.
Nota bene
For fixed-term contracts, the length of the probationary period may not exceed one quarter of the length of the fixed-term employment contract or the minimum length for which the fixed-term contract is concluded (see FAQ D1b13).
The Labour Code also stipulates that a probationary period not exceeding one month must be expressed in whole weeks. Therefore, in principle, it is not possible to stipulate a probationary period of one month.
However, in specific cases of fixed-term contracts lasting more than 4 months and less than 8 months, the maximum probationary period obtained by applying the rule set out above is more than one month (and less than two months). The ITM is therefore of the opinion that the probationary period must be one month as an exception.
In this case, the length of the probationary period should be rounded down and expressed in months, in order to comply as closely as possible with the maximum length initially obtained and to comply with the rule that probationary periods exceeding one month must be expressed in whole months.
Example
In case of a fixed-term contract of 5 months, the probationary period possibly agreed between the parties may not exceed 1,25 months (5 months / 4).
In this case, in application of the previous reasoning, the maximum length of the probationary period would then be one month.