Legal blog post about cancellation of employment contract during probationary period

Law Firm ALTERNA’s attorney-at-law Annika Vait explains the employer’s right of cancellation of employment contract during probationary period.

Annika explains that the employer has the right of cancellation of employment contract during probationary period under Section 86(1) of Employment Contracts Act. According to Section 6(1) of the Employment Contracts Act, the purpose of probationary period is to assess whether the employee’s health, knowledge, skills, abilities and personal characteristics correspond to the level required for performance of the work. Section 86(4) of the Employment Contracts Act foresees that the employer may not cancel the employment contract on a ground that is in conflict with the goal of the probationary period. Therefore it is possible to cancel the employment contract under Section 86(1) of the Employment Contracts Act when the employee is not suitable for the agreed work.

Annika further explains that according to the practice of Supreme Court of Estonia, the employee on probationary period cannot unconditionally presume his/her right to continue working on a permanent job, but this opportunity is guaranteed to him/her only in case of a positive outcome of prohibition period (this means in case the employee’s health, knowledge, skills, abilities and personal characteristics meet the required level of work).

The full blog post can be read here: https://www.addenda.ee/vandeadvokaat-annika-vait-toolepingu-lopetamine-katseajal

For all questions relating to the post, you may contact Annika by e-mail on annika@alternalaw.ee or by calling +372 680 6850.

Law Firm ALTERNA