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Probationary Period - Agreed Duration of Precariousness in Employment Relationship
Valentino Kuzelj
; Udruga pravnika u zdravstvu; Specijalna bolnica za medicinsku rehabilitaciju Krapinske Toplice
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* Dopisni autor.
Sažetak
The paper analyses the labor law institute of probationary period - from a theoretical aspect, but also in relation to its positive legal regulation in the Republic of Croatia. It is emphasized that, despite the employer's need for a certain period for evaluation of employee's abilities and their adaptation to the work environment, the judicial interpretation of dissatisfaction during probationary period, as a particularly justified reason for terminating the employment contract (whereby the employer, despite being obliged to justify the termination, is not required to factually substantiate the assessment of dissatisfaction during probationary period), leads to
the metamorphosis of probationary period into a period of extreme precariousness within the framework of the employment relationship, comparable to other legal modalities of performing work outside the employment relationship. This presents (legally) contracted precariousness, although imposed on the employee into the employment relationship. Such an interpretation does not follow from the text of the legal provisions on probationary period. Therefore, it is necessary to plead for a consistent interpretation of legal provisions on contracting (and duration) of probationary period, as well as for a change in the jurisprudence of the relevant Croatian courts on the (assessment) of the justification of dismissal due to dissatisfaction during probationary period.
Ključne riječi
precariousness; probationary period; duration of the probationary period; dismissal due to dissatisfaction during probationary period; legal protection against unjustified dismissal due to dissatisfaction during probationary period
Hrčak ID:
351205
URI
Datum izdavanja:
26.8.2026.
Posjeta: 0 *