Probationary Period Rules and Duration according to the National Collective Labor Agreement
Article 12 of the National Collective Labor Agreement establishes the conditions of the probationary period for domestic workers. Specifically, workers in levels D and D super and those who are employed in a live-in arrangement, regardless of the level, are subject to a probationary period of 30 days of actual work.
For other levels, the probationary period is set at 8 days of actual work. This phase allows both the employer and the worker to assess the suitability of the position with respect to expectations and skills. If a worker completes the probationary period without receiving notice of termination, they are officially confirmed in their role, and the service provided will count towards seniority. During this time, both parties can terminate the relationship without a notice requirement, but with the obligation to pay the worker the accrued salary and any accessory compensations.
Furthermore, for workers who have moved from another region without changing residence, a three-day notice is required for contract termination, except in the case of just cause. It is essential that the agreement on the probationary period is documented in writing to ensure clarity and protection for both parties involved.
Art.12 Trial Period
1. Workers classified under levels D) and D super) and those working under a live-in arrangement, regardless of their classification level, are subject to a regularly paid probationary period of 30 actual working days. For all other employment relationships, the probationary period is 8 actual working days.
2. A worker who has passed the probationary period without receiving a notice of termination is automatically deemed confirmed. The service rendered during the probationary period is counted for all purposes of seniority.
3. During the probationary period, the employment relationship can be terminated at any time by either party, without notice, but with payment to the worker of wages and any accessory compensation for the work performed.
4. If the worker was hired from another Region without transferring their residence, and if the termination does not occur for just cause, the employer must give a 3-day notice or provide the corresponding wages in lieu thereof.
5. The stipulation of the probationary period must be documented in writing.
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Frequently asked questions
For workers classified at levels D and D super, as well as for workers operating under a live-in arrangement regardless of their classification level, the probation period is regularly paid and lasts 30 days of actual work.
If a worker completes the probationary period without having received a notice of withdrawal from the employer, he is automatically confirmed in his position. Furthermore, the service performed during the probationary period is counted for all purposes of seniority.
During the probationary period, either party may terminate the employment relationship at any time without prior notice. However, the worker must be paid the salary and any additional compensation for the work actually performed up to that point. Furthermore, if the worker was hired from another region without transferring their residence, and the termination of the relationship is not for just cause, the employer is required to give a three-day notice or, failing that, to pay the corresponding salary for that period.
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