2025

DOI: https://www.doi.org/10.31178/AUBD/2025.14

Abstract: The probationary period is undoubtedly a particularly important institution within our legal system, which promotes the conclusion of indefinite-term contracts, since, under these circumstances, it serves as the most important tool for the parties to the employment relationship to have the opportunity to terminate the individual employment contract prematurely and by a simple expression of intent. However, the right to terminate an individual employment contract during the probationary period cannot be exercised abusively by the employer, as it is possible to file a lawsuit and have the decision to terminate the employment relationship annulled. In this paper, we will explore the principles governing the probationary period, the most common legal issues identified in practice, and the solutions proposed in case law.

Keywords: probationary period , termination of an employment contract, abuse of rights.