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Trial Period

Viimati uuendatud: 23.02.2017

During the trial period, the employer evaluates whether the employee’s health, knowledge, skills, capabilities and personal characteristics are suitable for performing the agreed work. The employer is responsible for instructing and guiding the employee during the trial period. And the employee will get an understanding of whether the job is suitable for them.

After a certain time period, it is wise to make a written interim report about the achieved level and to point out any deficiencies. The employee must also be active during the trial period, ask for clarifi cation and extra guidance in tasks that have not been mastered yet.

The employee must have a mentor assigned who monitors the new employee’s blending in and supports the newcomer. For example, if an experienced tailor moves from one clothing factory to another, they must still learn new machines and technology and adapt to the new working rhythm.

Some fields of activity, especially trade and services, use so-called trial periods before concluding an employment contract. ECA § 4 section 2 states that all who are allowed to work are to be treated as working under an employment contract, even those without one.

According to the Labour Market Services and Benefi ts Act, only a person officially registered as unemployed can be allowed to have a trial day, lasting up to one day. Even during the trial day, the employer is obliged to follow the Occupational Health and Safety Act requirements. The employer can verify the trial day by presenting the Töötukassa agreement to the inspector. No employment contract is concluded or remuneration paid for such trial periods.

No other trial periods are allowed. The employee can be “tested” during the trial period, which is no specifi c period but the fi rst stage of an employment relationship. The employer can apply the trial period only when beginning employment. Later modification of the employment contract, for example when changing positions within the company, does not justify a new trial period. The employer does offer a new position and new tasks to such employee that they believe can handle them.

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