Starting a new job is an exciting time filled with new challenges, colleagues, and opportunities. The first months are often defined by a probation period, typically of three months. But what does this period actually involve? Many employees are unsure about the rules of the game and what rights and obligations they have.
This article is your guide to navigating safely and successfully through the probation period. We dive into the legislation, highlight pitfalls, and give you concrete advice so you know exactly where you stand.
What is a probation period and why does it exist?
A probation period is an initial period in an employment relationship where both you and your employer have the opportunity to assess each other. The purpose is to clarify whether there is a good match between your skills and the company's needs.
The purpose of the probation period – a two-way street
For the employer: To assess whether you actually possess the qualifications and work capacity that were presented during the hiring process. Can you live up to the requirements? Do you fit into the team?
For you as an employee: To experience the job in practice. Are the tasks as expected? Do you thrive in the work environment and with your colleagues? Does the job offer the development opportunities you're looking for?
Legal framework in Denmark
In Denmark, the probation period is often regulated by the Funktionærloven (Salaried Employees Act) if you are employed as a salaried employee. The Act stipulates that a probation period can be agreed upon for the first three months of employment. The crucial point is that the agreement on a probation period must be in writing and clearly stated in your employment contract.
Without such a written agreement, the standard notice rules apply from day one.
Your rights as an employee during the probation period
Although the probation period involves a shorter notice period, you have a number of fundamental rights:
Right to salary and other employment terms
- Salary: Must be paid as agreed in your contract
- Holiday: You accrue holiday pay and have the right to take holiday according to the Ferieloven (Holiday Act)
- Pension: If a pension scheme is part of your contract, payments must start as agreed
Right to a good working environment
The Arbejdsmiljøloven (Working Environment Act) applies fully from the first working day. Your employer has a duty to ensure that work can be performed safely and healthily – both physically and mentally.
Protection against discrimination
You are protected by the Forskelsbehandlingsloven (Anti-Discrimination Act) from day one. This means your employer cannot dismiss you because of gender, race, religion, age, disability, or similar grounds.
Right to information and training
A successful probation period requires that you receive the necessary information and training. Your employer should have a plan for your onboarding.
Your obligations as an employee during the probation period
Duty of loyalty
You must act in your employer's interest and not do anything that could harm the company. This includes maintaining confidentiality about sensitive information.
Attendance and work effort
You have a duty to show up for work on time and perform the tasks assigned to you. You are expected to provide an engaged and diligent work effort.
Compliance with company rules
You have a duty to familiarize yourself with and comply with the company's internal rules, policies, and procedures.
Duty to inform in case of illness
If you become ill, you have a duty to report your absence to your employer as soon as possible in accordance with the company's guidelines.
Termination during the probation period – rules and notice
Salaried employees
For salaried employees with an agreed probation period of up to three months:
- Employer's notice: At least 14 days' notice to any day during the probation period
- Employee's own notice: During the probation period, you can resign from day to day unless otherwise agreed
It's important to note that the 14 days' notice from the employer is a minimum.
Non-salaried employees
For employees not covered by the Funktionærloven (Salaried Employees Act), notice periods will typically be regulated by a collective agreement or the individual employment contract.
Special situations during the probation period
Illness during the probation period
- Salary during illness: If you are a salaried employee, you have the right to full pay during illness, including during the probation period
- Dismissal during illness: Your employer can generally dismiss you during illness, as long as the dismissal is objectively justified
Pregnancy and parental leave during the probation period
Pregnant employees have special protection against dismissal according to the Ligebehandlingsloven (Equal Treatment Act). An employer cannot dismiss an employee because of pregnancy. If a pregnant employee is dismissed during the probation period, the burden of proof is on the employer to demonstrate that the dismissal was not due to pregnancy (reverse burden of proof).
Tips for successfully navigating the probation period
Be proactive and engaged
- Ask questions: Show interest and curiosity
- Take initiative: See where you can contribute
- Be solution-oriented: Think in solutions rather than problems
Communication and feedback
- Align expectations: Have a conversation with your manager early in the process
- Ask for feedback: Regularly ask how things are going
- Be open to criticism: Receive feedback professionally
Build relationships
- Get to know your colleagues
- Participate in social events
- Be a good colleague
Know your goals and evaluation criteria
- Understand the success criteria for your probation period
- Consider keeping a log of your tasks and results
Summary
The probation period in a new job is an important phase that serves as a mutual assessment for both you and your employer. By knowing your rights and obligations, you can navigate this period with greater confidence.
Remember:
- You have the right to salary, holiday accrual, and a safe work environment from day one
- You are protected against unlawful discrimination
- When dismissed as a salaried employee, a notice period of at least 14 days applies
- You have a duty to be loyal, show up on time, and comply with company rules
By actively engaging, communicating openly, and seeking feedback, you can contribute to a positive and successful probation period. If you're ever in doubt about your rights, don't hesitate to seek advice from your union.