Four Cases when the Probation Period may not be set

The RA Labor Code Provides the procedure of establishing the probation period. A probation period may be set upon concluding an employment contract upon consent of the parties. It may be set upon the wish of the employer to check whether the employee is suitable for the envisaged job (position) or upon the wish of the person being accepted for employment to check his or her suitability for the offered job (position). Conditions related to the probation period shall be defined by the employment contract.

During the probation period the employee shall enjoy all the rights and incur all the obligations prescribed by this Code, other laws and regulatory legal acts, collective agreement and employment contract.

The probation period may not be set in case of accepting for employment persons:

(1) under the age of eighteen;

(2) holding elective offices, as well as those taking qualification examinations to be appointed to a position;

(3) transferred to another job upon mutual consent of employers;

(4) other cases provided for by the legislation.

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