Master's diploma thesis discusses the probationary period that may be in writing agreed between an employee and an employer in the employment contract. The employee has typically limited influence also on the agreement on a probationary period, whereby the employment contract gets characteristics of an adhesion contract.
The purpose of the probationary period is dual. It allows the employer to make sure whether the employee will be able to successfully perform the work agreed by the employment contract. On the other hand, the probationary period is also in the interest of the employer to find out, if the work suits him. During the probationary period, a termination of the employment contract is possible in accordance with a simplified procedure.
In the introduction of the Master’s diploma thesis a term probationary period is defined, in the second chapter a development of probationary period is described and in the third follows the analyses of relevant international legal sources. The main chapter is the fourth one, which analyses currently valid regulation of probationary period under the Employment Relationship Act, whereby all relevant case law is simultaneously considered. In the last part follows the overview of special legislation under the Public Employees Act and comparative analysis of probationary period in Austria and Germany.
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