Students automatically on probation during the first three days.

The first three days of the student employment agreement are automatically considered a probationary period by the law. Until the expiration of this three-day period, either party may terminate the student agreement without notice or compensation.

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The probationary period no longer exists for ordinary workers…

The probationary period has been abolished following the harmonisation of notice periods for manual workers and employees. The new notice periods are indeed shorter at the beginning of employment.

… but still applies to certain other workers, including students

For student contracts and agreements for temporary work, the first three working days are still regarded as a probationary period. During this three-day period, either party may terminate the agreement without notice or compensation.

In temporary work agreements, consecutive probationary periods are not permitted if the temporary employee performs the same role at the same workplace for the same employer in the subsequent agreements.

It is the first three actual working days that should be considered as the probationary period. If a student works only on Saturdays, the first three Saturdays will be counted as the probationary period.

The Federal Public Service Employment, Labour and Social Dialogue has also confirmed that this probationary period is not suspended in the event of a suspension of the employment contract (for example, due to illness). The regulations regarding the suspension of the probationary period have been abolished since January 1, 2014.

The probationary period must be included in the agreement

Prior to November 10, 2022, it was not necessary to document this three-day probationary period in writing within the student agreement, as this was stipulated by law. However, since November 10, 2022, the date on which the provisions implementing the European directive on transparent and predictable working conditions came into effect, this has now become mandatory.

It is now obligatory for the employer to inform their employee in writing about the duration and terms of the probationary period.