The probationary period, known as zkušební doba in the Czech Republic, provides both employers and employees with a trial phase to assess compatibility before fully committing to a long-term employment relationship. Below is an overview of what employers should know about Czech probationary periods according to the Labor Code.
Maximum Duration of Probationary Periods in the Czech Republic
Regular Employees: Up to 3 months.
Managerial Employees: Up to 6 months.
Top Management: Can include a probationary period in the employment contract when hiring for roles such as heads of government agencies or major divisions.
Restrictions on Extending Probation
No Extensions: Probationary periods cannot be extended unless the employee takes a full day’s leave of absence during the period. In that case, the probationary period may be extended to cover the time missed.
Fixed-Term Contracts: For fixed-term contracts, the probationary period cannot exceed half of the total employment period.
Agreement and Documentation
While including a probationary period in the employment contract is not mandatory, it must be agreed in writing by the day the employee begins work. Employers and employees should ensure this agreement is documented to avoid future disputes.
Key Implications for Czech Employers
Czech employers must ensure that any probationary period is clearly documented in writing by the employee's first day to establish transparency and legal clarity. It’s also important to set the appropriate duration, limiting probationary periods to a maximum of 3 months for regular employees and 6 months for managerial roles. Extensions to the probationary period are generally not allowed unless specific, full-day absences occur during this time.