Problems in defining the legal term 'probation' upon entering a job and its effect in contemporary labour law

Abstract

The authors examine the theoretical aspects of the term probation' upon entering a job. As legal literature only deals with the content and objectives of probation upon entering a job, there is no unified stance formed on the issue under study. In the foreign literature one can come across an opinion according to which probation can be laid down not only in individual employment contracts, but also in collective employment ones. The authors arrive at a conclusion that probation upon entering a job as an additional condition under the employment contract is laid down by mutual agreement of the parties for the purpose of determining the employee's adequacy to the work performed and finding out whether the job is appropriate for the employee.