Investor's Guide - Labour System - Employment Contract

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Labour System

 

1.2. Trial Period

 

1.2. Probationary PeriodThe trial period is the time of initial implementation of the employment contract, during which the parties analyze their interest in maintaining the same. During the trial period, the parties shall act so that they may analyze their interest in maintaining the employment contract. The trial period may be excluded by written agreement between the parties.

 

In a contract of indefinite duration, the trial period has the following length: 

a)   90 days for most employees;

b)   180 days for employees who hold positions of technical complexity, positions with a high degree of responsibility, positions involving special skills, or positions involving confidential duties;

c)   240 days for workers engaged in senior management positions.

 

For a fixed-term employment contract, the trial period has the following length: 

a)   30 days for a contract lasting six months or more;

b)   15 days for a fixed-term contract lasting less than six months or one with an unspecified duration not expected to exceed that limit.

 

With contracts for labour contracts under service commission regime, the existence of a trial period depends on an written stipulation and may not exceed 180 days.

 

The trial period is shortened or eliminated, depending on whether the length of a previous fixed-term contract for the same job, or a temporary-work contract executed for the same position, or a service agreement to provide the same services, with the same employer, was less than, equal to, or greater than the duration of said contract.

 

The trial period may be shortened by collective-labour regulations or by written agreement of the parties.

 

During the trial period, unless otherwise agreed in writing, either party may terminate the contract without prior notice and just cause, or being entitled to compensation. In the event that the trial period lasts more than 60 days, termination of the contract by the employer requires seven days advanced notice, with this period increasing to 15 days when such period has lasted for more than 120 days.

 

 

 

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