Zkušební doba

Under Czech law

Probation is regulated by § 35 of the Labour Code (Act No. 262/2006 Sb.). It must be agreed in writing no later than the day employment starts, may not exceed three consecutive months — six for managerial employees (vedoucí zaměstnanci) — and may not be longer than half the agreed duration of a fixed-term contract. It cannot be extended retroactively, though it lengthens automatically by full-day obstacles to work such as sick leave.

During probation, either party may cancel employment under § 66 without reasons and without notice periods; the only meaningful limit is that the employer may not cancel during the first 14 days of an employee''s sick leave. Cancellation should be in writing and delivered; the employment ends on delivery unless a later day is stated.

A practical example

A company hires a sales manager with a six-month probation. In month four it is clear the fit is wrong. A one-paragraph written cancellation ends the employment the same day — no § 52 reason, no severance, no two-month notice. Had the same conclusion come in month seven, the company would have needed a statutory reason and faced the full termination machinery.

When you need a lawyer

Rarely during a clean probation exit — that is the point of the institute. Counsel matters when probation was agreed late or extended improperly (making it void, and the "cancellation" an invalid dismissal), or when the cancellation is a cover for discrimination, which remains unlawful even in probation.