Employment contracts must be concluded in writing, and the basic salary and position of the employee are mandatory elements. It is also recommended that contracts indicate the place of work. The employer and the employee may agree on other conditions in the employment contract. An employee`s probation status applies only to issues relating to performance or competence at work and therefore has no relation to the employee`s misconduct during the probationary period, nor can it be an easy solution for the employer on the basis of an arbitrary question that concerns him. Any other questions or questions that arise in addition to job performance should be treated in the same way as with any permanent employee. During the probationary period, the employee continues to be entitled to full protection of labour law. Employers with 10 or more employees in a workplace must create work rules and submit them to the Bureau d`inspection des normes du travail. Most working and employment conditions are set out in the employer`s working rules. The rules of employment are part of the employment contract and must set out certain conditions of employment, including: wages, hours and breaks from work, vacation, termination of employment, disciplinary measures and other general matters that apply in the workplace. The working conditions provided for in the labour regulations are a minimum standard that cannot be reduced by an employment contract. Probation can be useful for employers, but can only be applied after the employer has become fully aware of the legal obligations and implications involved.

The employer should not seek to improve the employee`s performance, but should determine whether the employee was actually able to meet the required performance standard during or until the end of the probationary period. Contracts of foreign workers must be submitted to the Ministry of Labour. Work rules must be submitted to the local labour authorities. There are no binding guidelines. Employees should be provided with all relevant personnel manuals and employer policies (if applicable) at the beginning of employment. Common best practices. Note, however, that employees must be notified in writing of certain minimum periods within 2 months of the start of employment. From April 6, 2020, employers will be required to provide more detailed information to employees and employees from day 1 of employment. This applies to employees or employees who start working on or after April 6, 2020. Allowed, usually refers only to shortened notice periods. No legal limit, but up to 3 months is a common practice. If you are looking for examples of employment contracts, you can also consult our employment contract package.

In general, the law does not require written compliance with an employment contract if he is of the opinion that the employment relationship can be proved by any means. However, part-time contracts and apprenticeship contracts must be concluded in writing. Summary: You need an employment contract if you run a business and you need to employ a permanent employee on a monthly salary basis, with a trial period. For the best advice regarding probationary periods, talk to an employment lawyer. They can help you decide if a probationary period was legal. If not, they can advise you on the best legal claim. As a general indication (again, there is no fixed rule), the more complex the type of work, the longer the probationary period. For example, a shorter period may be sufficient to assess the performance of a personal or administrative assistant, while a longer period may be appropriate for, for example, a lawyer or engineer. Here you can terminate the employment relationship before the employee gives notice of dismissal.

You must pay the employee for the entire notice period. Employment contracts are not required per se, but employees must benefit from certain minimum conditions laid down in Austrian labour law. Therefore, contracts are common. It is strongly recommended that the probationary period and its conditions, which are the expected performance and job description, be indicated in writing as part of the employment contract or letter of appointment. The employer`s expectations during the probationary period should be clearly communicated to the employee in writing and in regular feedback meetings with the employee`s direct supervisor or probationary supervisor to discuss any deficiencies or problems and how to remedy them during the probationary period. Who should use an employment contract? If your company employs employees on a salary basis, but you want to schedule a trial period to assess whether the potential employee is fit for the job, prepare your employment contract template. If the employer is satisfied with the employee`s abilities after the 3 (three) month probationary period, the employer may appoint the employee permanently. Employees hired on the basis of an open-ended employment contract or a fixed-term agreement of at least 180 days may be hired with a trial period of up to 30 days, which may be extended up to 180 days if the employee is hired as a manager, manager or administrator or holds an administrative position.

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