The probationary period is one of the most important — and most misunderstood — elements of an employment contract. It gives one or both parties the opportunity to terminate the contract easily, but there are strict rules about its duration and form.
In this manual, an accounting firm Rodi Consult (Varna) explains the essence of the probationary period, deadlines and common mistakes - updated for 2026.
In short: The probationary period (Art. 70 of the Labor Code) allows the party in whose favor it is agreed to terminate the contract without reasons, notice and compensation. The maximum is 6 months (1 month for fixed-term contracts under 1 year). It runs from the date of employment, is interrupted in the event of absences and cannot be re-negotiated for the same job.
What is a probationary period?
The trial clause (Art. 70–71 of the Labor Code) gives the parties the opportunity to check whether they want to maintain the employment relationship. It is mandatory to indicate the reference in the contract „"in connection with Art. 70, para. 1 of the Civil Code"“ — otherwise, according to the practice of the Supreme Court of Cassation, the clause is invalid.
The probationary period may be in favor of the employer, the employee or on both sides. The party in whose favor it is agreed may terminate the contract at any time without reasons, notice, or compensation. If it is not specified in whose favor it is, it is assumed to be in the favor of both parties.
Duration of the probationary period
- Permanent contract — to 6 months;
- Fixed-term contract under 1 year — to 1 month;
- Fixed-term contract over 1 year — to 6 months.
After the initial deadline has expired cannot be extended, even if it was shorter than the maximum.
When does it start and how is it counted?
The probationary period runs from the date of actual commencement of work, not from the date of signing. The term in months expires on the corresponding day of the last month (Art. 72 of the Employment Contracts Act). Example: entry on March 15 + 6 months → the term expires on September 15 (last day September 14).
When is the probationary period interrupted?
The term includes only the time actually worked. In absence (vacation, sick leave, etc.) he stops and extends with as many working days as the employee was absent - because only with real work can his suitability be verified.
Renegotiation — prohibited (with exceptions)
A new probationary period with the same employee, for the same job, with the same employer is prohibited. A new period is permissible only if really different job function (new position with new job description), formalized by an additional agreement. Formal change of position or employer (same owners) no gives grounds for a new probationary period.
FAQ
What is the maximum duration of the probationary period?
In the case of an open-ended employment contract, the probationary period is up to 6 months. In the case of a fixed-term contract for a term of less than 1 year — up to 1 month, and in the case of a fixed-term contract for a term of over 1 year — up to 6 months. If the contract does not specify a period, the maximum permissible period is assumed.
When does the probationary period start?
From the date of actual commencement of work, not from the date of conclusion of the employment contract. This is important because there is often a period between signing the contract and actually starting work.
Is the probationary period interrupted in case of absence?
Yes. The probationary period includes only the time actually worked. In the event of vacation, sick leave or other absence, the period is suspended and extended by as many working days as the person did not report to work.
Can the probationary period be extended?
No. After the initially agreed probationary period has expired, it cannot be extended — even if it was shorter than the maximum permissible period and even with the consent of the other party.
Can a new probationary period be agreed upon?
The Labor Code prohibits a repeated probationary period with the same employee, for the same job, with the same employer. A new period is permissible only in the case of a truly different job function (new position with new job description), formalized by an additional agreement.
The conclusion
The probationary period is a powerful tool, but errors in its formulation (lack of reference to Art. 70, incorrect counting, renegotiation) lead to invalidity and labor disputes. Correct administration is part of good personnel management.
Are you hiring employees? Explore the service Payroll & HR or is contact us — we will prepare the contracts correctly. Phone: +359 893 474 576.
This article is for informational purposes only and does not constitute legal or accounting advice. Please consult a professional for your specific situation.
