What is a probation period?
A probation period is a trial phase at the start of employment, usually lasting a few months, during which the employer assesses whether the new hire suits the role and the employee decides whether the job suits them. In many countries either side can end the employment more easily during probation, with shorter notice. Some countries cap its length by law; others leave it to the contract.
Need help navigating local labour compliance?
Schedule a strategy callHow a probation period works
The probation period is agreed in the employment contract before the employee starts. During it, the employee does the job, receives at least the minimum wage and is covered by most employment rights, including protection against discrimination. What usually changes is how the employment can end: notice is often shorter, and in some countries the employee does not yet have full protection against unfair dismissal.
At the end the employer confirms the employee, extends the probation where the law and contract allow it, or ends the employment. A written review and a clear decision before the end date avoid disputes, because in several countries an employee who simply carries on working past the end of probation becomes a permanent employee automatically.
Probation periods by country
The table shows the legal rules for a permanent employee. Collective agreements often set shorter maximums.
| Country | Maximum probation | Notes |
|---|---|---|
| United States | No statutory probation | Employment is at will, so introductory periods are company policy and do not change dismissal rights. |
| United Kingdom | No statutory probation | Set by the contract. From 1 January 2027 employees can claim unfair dismissal after 6 months’ service instead of 2 years, which makes the first 6 months the practical review period. |
| Canada (Ontario) | No statutory probation | Statutory notice of termination only applies after 3 months’ service. |
| Germany | Up to 6 months | Notice during an agreed probation period is 2 weeks. Dismissal protection starts after 6 months’ service in businesses with more than 10 employees. |
| France | 2, 3 or 4 months | 2 months for workers and employees, 3 for supervisors and technicians, 4 for managers. Renewable once, to 4, 6 or 8 months, if the branch agreement and contract allow it and the employee agrees. |
| India | Not set by national law | Set by the contract or the employer’s standing orders. |
| Brazil | Up to 90 days | An experience contract (contrato de experiência), which can be extended once within the 90 days. |
| Mexico | Up to 30 days | Up to 180 days for management and administrative roles or specialised technical and professional work. Must be in writing and cannot be extended. |
| Singapore | No statutory probation | Set by the contract. |
| Japan | No statutory maximum | The 30-day dismissal notice does not apply in the first 14 days of a probationary period. |
| South Korea | No statutory maximum | The 30-day dismissal notice does not apply to employees with less than 3 months’ service. |
| Philippines | Up to 6 months | An employee allowed to work after the probationary period becomes a regular employee. |
Figures checked in November 2026 against official sources listed at the end of this page.
Can a probation period be extended?
It depends on the country and the contract. France allows one renewal only if the branch agreement and the contract provide for it and the employee agrees in writing before the first period ends. Brazil allows one extension within the 90-day limit, and Mexico does not allow extensions at all. Where there is no statutory limit, an extension needs a clause in the contract or the employee’s agreement, and the total should stay reasonable for the role.
Ending employment during probation
Shorter notice does not mean no rules. The reason for dismissal must still be lawful, so dismissing someone during probation because of pregnancy, a disability or another protected characteristic is unlawful everywhere these protections exist. Statutory or contractual notice for the probation period still applies, such as 2 weeks in Germany, and final pay, including accrued holiday, must be paid as normal.
Probation period vs fixed-term contract
A probation period is a trial phase inside a permanent contract. A fixed-term contract ends on a set date or when a task is finished. Some countries use a short fixed-term contract as a trial, such as Brazil’s experience contract, but most treat the two separately, and repeated fixed-term contracts used as a long trial can be converted into permanent employment.
How TopSource handles probation
When TopSource employs your team through our Employer of Record service, our local contracts set a probation period that complies with the law and collective agreements in each country, and we remind you before it ends so you can confirm, extend where allowed, or end the employment correctly.
Frequently asked questions
How long is a probation period?
Usually between one and six months. Some countries set a legal maximum, such as 6 months in Germany and the Philippines, 90 days in Brazil and 30 days for most roles in Mexico. Others, including the UK, the United States and Singapore, leave it to the contract.
Can you be fired during a probation period?
Yes, usually with shorter notice, but the reason must still be lawful. Dismissal for a discriminatory reason is unlawful during probation as at any other time.
What is the notice period during probation?
It depends on the country and contract. Germany sets 2 weeks during an agreed probation of up to 6 months. In Japan the 30-day notice rule does not apply in the first 14 days.
Is a probation period mandatory?
No. In most countries probation is optional and must be agreed in the employment contract. If it is not in the contract, it generally does not apply.
Do employees on probation get benefits?
Statutory benefits such as paid leave, social security and minimum wage generally apply from the first day. Some company benefits, such as private health cover, may start only after probation.
Related terms
Sources
- Germany: Civil Code (BGB), section 622
- Service-Public.fr: Période d’essai
- Brazil: Consolidação das Leis do Trabalho, articles 445 and 451
- Mexico: Ley Federal del Trabajo, articles 39-A to 39-D
- Ontario: Termination of employment
- Japan: Labor Standards Act (English translation)
- Korea Legislation Research Institute: Labor Standards Act
- Philippines: Labor Code (Presidential Decree 442)