Uppsägningstid vid provanställning (notice period in a probationary employment)
I have a six-month trial period, which I'm still on and the period is mentioned in the contract of employment. Notice period or collective agreement is neither mentioned nor referred to in the contract. Should these details be mentioned in the contract for them to be binding? My workplace has a collective agreement and since I wish to resign I'm wondering if the 1-month notice period is binding nevertheless it's not mentioned in the contract? If not, what would be the notice period then?Thank you so much already in advance!
Hello and thank you for contacting us here at Lawline!
Neither the notice period or the collective agreement have to be mentioned in the contract to be legally binding. How ever, since you are employed in a probationary employment and not in a permanent employment you don't have any notice period to consider. A probationary employment can always be terminated before the end of the probatonary period unless otherwise has been agreed upon, 6 § LAS.
You are not legally bound to any agreement between you and your employer that regulates your notice period. This is due to 2 § 2 st LAS which states that any agreement that nullifies or impairs the right of workers according to law is unvalid. The only way you could be bound by a notice period during your probationary employment is if the collective agreement on your work place regulates a notice period for your type of employment,2 § 3 st LAS.
I hope I have answered your question to your satisfaction, if you have any other questions, please contact us again.
With kind regards,
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