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Cancelling an employment contract during a trial period
A trial period is a period during which an employment contract can be terminated by both the employer and the employee. The trial period terminates the employment contract immediately. A trial period cannot be terminated before the start of work.
A trial period may be used as a basis for a trial period dismissal, but it may not be based on improper grounds. Such an inappropriate reason for a dismissal during the trial period could, for example, be a violation of the prohibition of discrimination in the Equality Act or the Equal Treatment Act.
Since the purpose of the trial period is to give both parties time to assess the success of the recruitment, a reason such as the employee’s expectations not being met in terms of job duties or working environment could be considered a valid reason. Similarly, the employer could terminate the trial period if it is clear that the employee is not suitable for the job or the work community.
According to settled case law, the trial period is sufficient grounds for a dismissal on the basis of a trial period, but before dismissing the employee, the employer must give the employee the opportunity to be heard on the reasons for the dismissal. In addition, the employer must, at the latest on request, state the specific reasons for the termination of the trial period.
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