When the probationary period expires, the parties may not, even by mutual consent, agree to renew or extend the probationary period.
However, the probationary period may be extended in the event of sickness or if the employee takes leave for family reasons.
In such case, the duration of the probationary period is automatically extended for the duration of suspension of the probationary period, that is to say for the same number of days as the employee is absent on account of sickness.
Nota Bene
The total length of such extensions may not, however, exceed one month.
Examples
An employment contract provides for a probationary period of 6 months from 15 January in year x to 14 July in year x.
If, during the probationary period, the employee is ill from 1 to 15 February, the probationary period will be extended by 15 days, that is to say until 29 July.
If the employee is ill from 1 February to 10 March, that is to say for more than one month, the probationary period will be extended until 14 August; the extension may not exceed one month, even if the period of incapacity for work exceeds one month.
During the probationary period, employees who are absent on account of sickness also enjoy protection against dismissal provided that they duly informed the employer on the first day of incapacity for work and sent a medical certificate to the employer within 3 days.
Nevertheless, if the absence on grounds of sickness exceeds the duration of the probationary period, the employer is entitled to terminate the contract. In such case, the end of the notice period must coincide with the end of the probationary period.
Examples
An employment contract provides for a probationary period of 6 months from 15 January in year x to 14 July in year x and the employee is ill from 1 May to 20 July.
The probationary period is extended by one month, that is to say until 14 August, and the employer may terminate the employment contract during the probationary period by giving 24 days’ notice, no later than 21 July (14 August – 24 days).