Probation Period
Also called: Probationary Period · Trial Period
A probation period is an initial phase of employment during which performance is assessed and either party can usually end the relationship on shorter notice. Confirmation at the end of probation typically triggers full notice entitlements and, in some cases, additional benefits.
In more detail
The practical significance is the shortened notice period. During probation, notice may be days rather than the months required afterwards, which materially changes the exit dynamics for both sides.
A frequent drafting gap is what happens if neither party acts at the end of probation. Contracts should say whether confirmation is automatic on the expiry date or requires a positive written confirmation — the ambiguity otherwise resurfaces during a dispute.
Extension rights should also be explicit: whether probation can be extended, for how long, and whether the employee must be told in writing before the original period ends.
Maximum probation length and the notice payable during it are set by employment law in many jurisdictions, and those rules generally override contrary contract terms.
What our lawyers check
- Length, and whether it is within what the governing law permits
- Notice period during probation versus after confirmation
- Whether confirmation is automatic or requires written action
- Whether probation can be extended, and on what terms
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
All glossary terms