There are new changes after coming into effect since the end of 2022 which will not allow for a new employee’s Probationary Period to be extended past the 6-month period.  All Probationary Review Meetings will need to occur in a timely manner to comply with this.

The length of the probationary period for a fixed-term contract “shall be proportionate to the expected duration of the fixed-term contract and the nature of the work”.

This is due to the Directive 2019/1152 on transparent and predictable working conditions.

The regulations came into effect on 16 December 2022.

Where on that date, a private-sector probationer had a probationary period of more than 6 months, then the probation was deemed to end on 1 February 2023 (unless the period had already ended before 1 February 2023).

Default position is that a probationary period for a private-sector employee cannot exceed six months

This probationary period can be longer than six months “on an exceptional basis” provided that such longer period “would be in the interest of the employee”.

What constitutes “an exceptional basis” and what is “in the interest of the employee”?

Guidance might be found in Recital 28 of the Directive: “… it should be possible for probationary periods to last longer than six months, where justified by the nature of the employment, such as for managerial or executive positions or public service posts, or where in the interests of the worker, such as in the context of specific measures promoting permanent employment, in particular for young workers.”

The length of the probationary period for a fixed-term contract “shall be proportionate to the expected duration of the fixed-term contract and the nature of the work”.

Fixed term contracts – especially for 12 months or less – should have probationary periods that are significantly less than six months.

Fixed-term “managerial or executive” employees could get longer probationary periods than relatively junior fixed-term employees.

“Where an employer proposes to renew a fixed-term contract for the same functions and tasks, the fixed-term contract shall not be subject to a new probationary period.”

 

If you need any HR support on this topic, please get in touch with me on 087 7743205 / geraldine@coreresource.ie