Were you terminated during your trial period? A lawyer answers the questions many people are asking

Topics

• Employment contract
• Labour law
• Legal assistance

Termination of employment during the trial period is surprisingly common. Don’t be ashamed or discouraged by a termination during the trial period, but start looking for a new job as soon as possible. Our lawyer Taija Numminen explains what everyone needs to know about termination of employment during a trial period.

What does it mean to terminate an employment relationship during a trial period?

“A trial period is a period of up to six months at the beginning of an employment relationship, during which both the employer and the employee can assess the suitability of the employment relationship,” says Taija Numminen, lead lawyer at YTK Worklife.

An employer can terminate an employment contract during a trial period, even if the employee has not seriously breached or neglected the obligations of the employment relationship.

“It is easier to terminate an employment relationship during a trial period than after a trial period, as it does not require the normal grounds for dismissal or termination to exist. During the trial period, there is no notice period for either party and the employment relationship ends immediately.”

When can an employment relationship be terminated during the trial period?

“Although the threshold for a termination during a trial period is low, a trial period may not be terminated on discriminatory or inappropriate grounds. These include, for example, an employee’s illness, age, ethnic background, pregnancy or use of family leave. Nor can an employer rely on factors outside working hours that have no bearing on the employment relationship.”

Justified reasons for termination of employment during a trial period include unauthorised absences, lateness, unsuitability for the workplace or poor performance.

“Although the termination during the trial period is most often discussed from the employer’s point of view, the employee should not be allowed to terminate his/her employment contract during the trial period without a valid reason. For example, getting a new, better-paid job is not a proper reason, but instead of a trial period termination, the employee should resign and observe the notice period so that the employer can prepare for the employee’s departure.”

Does the employee have the right to know what the termination during the trial period is based on? 

“It is unfortunately common for the termination during the trial period to come as a complete surprise to the employee in the last days of the trial period. The employer may not have given any prior notice that he or she is unhappy,” says Taija Numminen.

She says that the reason for termination is often simply ”the trial period” on the notice of termination. In these situations, it is difficult for the employee to understand why the employment relationship was terminated. More precise reasons are important to enable the employee to deal with the situation.

“The Employment Contracts Act requires the employer to give the reasons for dismissal or termination of employment without delay at the employee’s request. This also applies to trial period dismissals. It is therefore worth asking for a more detailed explanation of the reasons.”

What if you feel the trial period dismissal is unjustified?

“Although the employee often feels that the situation is unjustified and unfair, it is often difficult to successfully challenge a trial period dismissal and obtain compensation. This is because of the reverse burden of proof, i.e. the employee must first be able to prove that the trial period dismissal was due to a discriminatory or inappropriate reason.”

Only after the employee has established probable cause for the discriminatory or inappropriate reason must the employer prove that the trial period dismissal was not discriminatory or inappropriate. 

“Sometimes there are situations where an employment relationship has been terminated during a trial period, but the employer nevertheless invokes economic and productivity reasons. In such cases, the employment relationship should have been terminated and the notice period observed. In these situations, the worker is entitled to compensation for the period of notice not observed.”

As a member of YTK Worklife, the Legal Buddy is also there to help you in these situations.

How many trial period dismissals are made?   

Taija Numminen estimates that more and more people are terminating their employment contracts during the trial period. Some years ago, the maximum trial period was extended from four to six months, and this, among other things, has probably had an impact.

“In a tough economic climate, employees are often expected to do more than before, so there is no hesitation in using probationary periods if the employee is not 100 per cent satisfied. On the other hand, employees’ expectations have also increased,” she says.

Remote working can also have an impact: it can be more difficult or slower to get to know new colleagues and working practices. In these situations, the importance of open communication is highlighted. It is important for the employer to communicate his expectations and for the employee, for example, to communicate any shortcomings in the induction process.

Don’t be ashamed, focus on finding a new job

“If you are terminated during your trial period, register as an unemployed jobseeker with the employment office on the first day of unemployment. Also check the final pay slip you have received and pay particular attention to the fact that you will be paid holiday compensation,” says Numminen.

As a member of the unemployment fund, you can apply for unemployment benefit after two weeks of unemployment. For more information, click here. 

Many people feel ashamed that a recent job was terminated during a trial period. This can cause uncertainty about your skills and professional qualifications.

“Disappointment and sadness are natural feelings when you have been excited and proud of your new job. It’s good to talk about the situation with people close to you, for example. It’s also worth remembering that trial period dismissals are surprisingly common.” 

Don’t let what happened define your career or affect your confidence – focus instead on finding a new job. We’re here to help! Read more.

What is the trial period?

• The trial period is a period at the beginning of the employment relationship during which both the employer and the employee have the opportunity to assess the suitability of the employment relationship. The employer assesses the employee’s knowledge and skills and suitability for the job and the work community, while the employee assesses whether the job and the work community are suitable and meet his or her expectations.
• A trial period is not automatic in all employment relationships, but must be explicitly agreed upon.
• The maximum length of the trial period is six months from the start of employment.
• For fixed-term contracts, the trial period may not exceed half the duration of the contract, but not more than six months.
• The employer is entitled to extend the trial period if the employee has been absent from work during the trial period due to incapacity for work or family leave. The employer may extend the trial period by one month for each period of absence of 30 calendar days. The trial period is not automatically extended, but the employer must inform the worker.
• In principle, a trial period can only be set once during the employment relationship. An exception to this is where the employee’s duties change substantially.