Starting a new job? Probationary periods aren't just for you to assess the fit. Employers use them to evaluate too. We'll break down probationary dismissal - what it is, timelines, steps involved, and more - in this article.
Last time updatedIn some cases, the probationary contract cannot be terminated. For example, special protections are in place for certain categories of individuals, such as pregnant women. During the period between the presentation of a medical certificate confirming the pregnancy to the employer and the end of the period of protection against dismissal you can not fire a person.
The probationary period in an employment contract is an initial time frame during which both the employee and the employer have the opportunity to assess whether the working relationship is suitable. Within this period, either party can terminate the contract with reduced notice, without the need to provide specific justification.
The primary purpose of the probationary period is to enable the employer to evaluate the employee's skills, attitudes, and adaptability in the workplace, while the employee can assess whether the job and the work environment meet their expectations. The duration of the probationary period varies depending on the employee's level of qualification and remuneration but typically ranges from a few weeks to a year.
In Luxembourg, the minimum duration of the probationary period for both fixed-term and indefinite contracts is 2 weeks, while the maximum duration depends on the employee's level of qualification and salary.
Neither the employer nor the employee are obliged to explain the reason for the termination of the employment relationship, unless expressly requested by the other party, except in cases of immediate dismissal for serious misconduct.
In the event of a contract termination due to serious misconduct by the employee or the employer, specific procedures must be followed, which vary depending on who wishes to terminate the employment relationship and the size of the company.
The employer can immediately notify the contract termination through a registered letter or a letter delivered directly to the worker, specifying precisely the misconduct or misbehaviours the employee is accused of.
If the company has 150 employees or moreThe employer must summon the worker to a preliminary interview before proceeding with the dismissal. The reasons for dismissal do not necessarily have to be included in the summons letter, but they must exist at the time of the citation. During the interview, the employer must inform the worker that their dismissal is being considered, explain the reasons, and allow the employee to present their side.
The worker must send a resignation letter to their employer via registered mail or hand-delivery, expressing their intention to terminate the employment relationship with immediate effect. However, the worker is not obligated to specify the reasons for their resignation.
Only if the case is brought before the Labor Court, the worker must indicate and prove the serious reasons for their resignation.
In the case of dismissal during the probationary period that does not involve serious misconduct, regardless of the number of employees in the company, the pre-dismissal interview procedure does not apply.
Let's now examine the procedure for terminating the employment relationship during the probationary period and the timelines that must be adhered to.
Termination during the probationary period must be done in writing via a registered letter, preferably with acknowledgment of receipt, or by hand-delivering a copy to the other party, with their signature.
There is a notice period that must be respected, identical for both parties. This is counted in calendar days and is calculated based on the duration of the probationary period.
Depending on whether the probationary period is expressed in weeks or months, the duration of the notice period can be:
Expressed in weeks — as many days as there are weeks in the probationary period.Expressed in months — 4 days per month of the probationary period, with a minimum period of 15 days and a maximum of 1 month.
During the first 2 weeks of the probationary period, the employment contract cannot be terminated without the agreement of the other party, except in cases of dismissal for serious misconduct.
Timeline of notice in case of dismissal during probation| Duration of the trial period | Notice period |
| 2 weeks | Termination is not possible, except in the case of serious misconduct |
| 3 weeks | 3 days |
| 4 weeks | 4 days |
| 2 months | 15 days |
| 3 months | 15 days |
| 4 months | 16 days |
| 5 months | 20 days |
| 6 months | 24 days |
| 7 months | 28 days |
| 8-12 months | 1 month |
The notice period begins the day after the date of dispatch of the notification letter or its hand-delivery.
There are several specific conditions for probatory dismissal, that one have to keep in mind. They are case-based, and contain general guidelines.
The notice period must end no later than the last day of the probationary period in the employment contract, otherwise, the probationary contract will be reclassified as an indefinite-term contract, and the termination of the contract will be deemed abusive.
The employer cannot terminate the contract during the probationary period if the worker is incapacitated for work. In this case, the probationary period is extended by a period equal to the sick leave period, up to a maximum of 1 month. At the end of this extension, the employer regains the right to terminate the contract, even if the worker remains incapacitated for work.
In the case of pregnant women, the probationary contract cannot be terminated during the period between the presentation of the medical certificate confirming the pregnancy to the employer and the end of the period of protection against dismissal. At the end of this period, the remaining part of the probationary period resumes, and each party regains the right to terminate the contract.
There are several sources that you might want to explore in case you have made a decision or you want to protect your rights. Here they are:
In Luxembourg, probationary periods vary, typically lasting from 2 weeks to 12 months. The length depends on the employee's qualifications and salary. For those without a CATP/DAP level of training, the probationary period is usually 3 months. If the employee holds CATP/DAP or higher, the period extends to 6 months. However, for individuals earning a gross monthly salary equal to or greater than 4,938.75 euros, the probationary period can last up to 12 months.
In Luxembourg, specific reasons are not typically required for terminating an employment contract during the probationary period. Employers generally have the flexibility to end the contract without providing detailed justifications. However, termination must still adhere to legal regulations and cannot be discriminatory or retaliatory in nature.
In Luxembourg, employers cannot terminate an employment contract during the probationary period if the worker is incapacitated for work due to sickness or injury. Instead, the probationary period is extended by a period equal to the sick leave duration, up to a maximum of 1 month. After this extension, the employer regains the right to terminate the contract, even if the worker remains incapacitated for work.
If the notice period for termination extends beyond the end of the probationary period in Luxembourg, it could lead to legal complications. In such cases, the probationary contract might be reclassified as an indefinite contract, and the termination could be considered an unfair dismissal. Employers should ensure that any notice period for termination is completed within the agreed-upon probationary period to avoid such situations.
Yes, Luxembourg provides special protections for certain categories of individuals, including pregnant women, during the probationary period. Pregnant employees are afforded additional rights and protections, limiting an employer's ability to terminate their employment during pregnancy and a specified period thereafter. These protections aim to prevent discrimination and ensure the well-being of pregnant employees and their unborn children.
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