1 Nov, 2012 by Marianne Favre Moreillon

Extending the trial period: under what conditions?

1 Nov, 2012 by Marianne Favre Moreillon

The trial period must allow the parties to determine whether the employer and the employee are a match. When illness, accident, military service or unpaid leave occurs, is the trial period extended?

The pregnant employee claims that her dismissal is void. The employer retorts that the dismissal is not void because the probationary period was extended due to a five-week unpaid leave. The case was decided by the Federal Court.

 This article develops the following topics:

  •  the concept of trial period
  • protection against untimely leave
  • duration of the trial period
  • reasons for extending the trial period
  • unpaid leave and the legality of an extension of the trial period
  • case study

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1 Mar, 2010 byMarianne Favre Moreillon