Probationary period at work: rules, duration and dismissal

A probationary period in Georgia allows an employer to test a new employee before committing to a long-term relationship, although the rules are strict and clear. In this article, we will explain how a probationary period works under the Labor Code of Georgia, how long it can last, how it is paid, and how it can be terminated by either party.

What is a probationary period?

A probationary period is an initial stage of employment during which both parties assess whether the position is suitable. In Georgia, it is regulated by the Labor Code of Georgia. The probationary period rule is in the early articles of the Code; the content below is set out, however, the employer should check the current numbering of the article.

Basic rules in brief

• A probationary period agreement may be concluded with one person only once.

• It can last no longer than six months.

• It must be put in writing.

• Work performed during the probationary period must be compensated.

Since the contract is concluded only once and cannot exceed six months, the employer cannot arrange several short probationary periods in a row in order to keep the person on probation indefinitely.

How long is the probationary period?

The maximum is six months. The parties may agree on a shorter period. If the probationary period has ended and neither party has terminated the relationship, employment usually continues under the terms agreed upon in the form of a regular employment contract.

Compensation during the probationary period

Work performed during the probationary period must be compensated. The amount and payment method are determined by agreement between the parties. A common mistake is to perceive the probationary period as an unpaid or free period, which is not consistent with the Code.

Termination of probationary period

During the probationary period, the employer can at any time conclude a fixed-term or permanent employment contract, or terminate the probationary contract. The flexibility is mutual: the arrangement is designed so that either party can exit the probationary period.

What does this mean in practice?

Termination during a probationary period is more flexible than dismissal under a regular contract, although the employer must still honor the written terms and compensate for work already performed. Keeping a written contract and records of compensation protects both parties in the event of a dispute.

Documents and good practices

• A written probationary period agreement, signed before starting work;

• A clear indication of the term (no more than six months) and remuneration;

• Records of hours worked and amounts paid;

• Agreed criteria for performance evaluation, if any.

Frequently Asked Questions

Can the probationary period be extended beyond six months?

No. Six months is the maximum and the contract is only signed once, so it cannot be renewed to extend the term.

Can I be fired without notice during my probationary period?

A probationary period arrangement gives the employer the right to terminate it during the period, however, written conditions apply and work already performed must be paid. In your specific case, check your contract and seek advice.

Is the pay during the probationary period lower than the regular salary?

Remuneration is determined by agreement between the parties. There is no rule that mandates low remuneration; the main thing is that the work is remunerated.

If you are starting work or hiring staff in Georgia and want an appropriate probationary period agreement, our lawyers will prepare and review it for you.

This material is for general informational purposes only and does not constitute legal advice. For specific cases, please consult a qualified lawyer. — Legal.GE NewsMaker