The employer and the employee may agree on a trial period of a maximum of six months starting from the beginning of the work. If, during the trial period, the employee has been absent due to incapacity for work or family leave, the employer is entitled to extend the trial period by one month for every 30 calendar days included in the periods of incapacity for work or family leave. The employer shall notify the employee of the trial period extension before the end of the trial period.
In a fixed-term employment relationship, the trial period together with any extensions to it may comprise no more than half of the duration of the employment contract, and in any event may not exceed six months. If a person is hired by the user enterprise after the temporary agency work ends, to perform the same or similar duties, the time which the employee was assigned for use by the user enterprise will be deducted from the maximum trial period.
If a collective agreement applicable to the employer contains a provision on a trial period, the employer must inform the employee of the application of this provision at the time the contract is concluded.
During the trial period, the employment contract may be cancelled by either party. The employment contract may not, however, be cancelled on discriminatory or otherwise inappropriate grounds with regard to the purpose of the trial period.
Prohibited, discriminatory grounds include, e.g., pregnancy, age, health or religion of the employee. The employer is also not entitled to cancel the employment contract during the trial period on inappropriate grounds. Such inappropriate reason may be that the employee receives a better work offer from somewhere else.
The employer may not cancel an employment contract when it has neglected the obligation to inform the employee about the application of the trial period provision included in the collective agreement.
In trial period cancellation, the employment relationship shall be terminated with immediate effect, without any period of notice. Cancellation during trial period is not possible before the beginning of the work.
Cancellation during trial period on financial and production-related grounds
Due to covid-19 pandemic, the Employment Contracts Act has been temporarily amended to allow cancellation during trial period on legal, financial and production-related grounds. The legislative amendment applies to the private sector and is valid on 1.4.2020–31.12.2020.
The amendment does not apply to the state, municipalities, local authorities, the social insurance institution Kela, Åland provincial government or evangelical lutheran or orthodox church. These employers are not entitled to cancellation during trial period on financial and production-related grounds.