Delegation Does Not Eliminate Personal Responsibility
In a judgement in the names Bonello vs Debono, delivered by the Court of Appeal, the Court gave a practical reminder on the limits of…
PROBATION
What is a probationary period?
- A probationary period is a trial period, during which period either party may termination the employment contract without providing any reason for such termination to the other party. However should the employee be pregnant upon termination, the employer is obliged to give a justified reason for the dismissal which is unrelated to the pregnancy.
How long is the probationary period?
- In the case of an indefinite contract, generally, the first 6 months of employment constitute probation. Nonetheless, the parties can agree to a shorter term.
- However, in the case of employees holding a technical, executive, administrative or managerial post and whose wages are at least double the minimum wage established in that year, such probationary period is of 1 year unless a shorter period is agreed upon.
How long is the the probationary period for definite contracts?
- In the case of a fixed term contract of a duration of between 6 and 15 months, the probationary period shall be calculated on the basis of 2 months per 6 months contract duration.
- For a fixed term contract exceeding 15 months duration, probation shall be of 6 months.
- If the fixed term contract is of a duration less than 6 months, the probationary period shall be one third of the duration of the contract.
It is important to note that in the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period
Can the probationary period be suspended?
- Probation is to be suspended in the case that the employee avails himself of leave for more than two weeks. Probation then needs to be extended to a duration corresponding to the amount of leave taken. No dismissal can take place during the suspended period of probation.
What is the applicable notice period for termination of employment during probation?
- During a probation period one party may terminate the employment without giving a reason subject to a 1 week notice if the employment has exceeded 1 month.
For more information about probation, feel free to contact any of our Team Members in our Employment Law Department at Mifsud & Mifsud Advocates.
