Glossary
Probation period
Agreed initial phase of employment during which either party can terminate the contract more easily, with shorter notice and (in most countries) fewer statutory protections. Maximum length and notice rules are set by national labour law, not by employer policy.
A probation period is the agreed initial phase of employment during which either party can end the contract more easily, with shorter notice.
For global payroll and People Ops teams, the working question isn't whether probation exists. It's whether the clause in your contract matches the maximum length the local labour code actually allows.
The UK runs no statutory probation, so the clause is a private agreement; full unfair-dismissal protection arrives at two years' service. Germany caps Probezeit at six months under BGB §622(3) and gives full protection from the start of month seven.
France ties the période d'essai to job category under Code du travail L1221-19: two months for workers, three for technicians, four for managers. The US has no statute at all; the 30 to 90-day "introductory period" is customary, not legal.
Why probation is not a global at-will window
The biggest mistake on multi-country headcount is treating probation as a free termination zone. In most labour-code countries, statutory benefits run from day one and the only thing probation shortens is the notice obligation.
What probation actually reduces
- Notice length: shorter notice on either side during the window.
- Cause requirement: in some countries, no cause needed during probation.
- Unfair-dismissal exposure: reduced or absent during the agreed window.
- Severance accrual: tenure-based severance usually starts after probation ends.
What probation does not change
- Employer social security: runs from day one in every OECD market.
- Statutory leave accrual: normally accrues from day one (Italy, France, Germany) or after a short qualifying period.
- Sick pay: statutory entitlements typically apply from day one with employer pickup rules.
- Pension auto-enrolment: UK eligibility triggers on age and earnings, not tenure.
- Protected-characteristic discrimination: Equality Act 2010 in the UK and equivalents elsewhere apply from day one.
The line that catches multi-country teams is that "no statutory protection during probation" is a UK-shaped idea that doesn't travel. In civil-law markets, probation is a notice rule, not a protection rule.
Country-by-country maximums and notice mechanics
National labour codes set both the cap and the notice. Contract clauses above the cap are unenforceable; clauses below it are fine. The table below covers the nine markets that drive most EOR headcount.
| Country | Local term | Statutory maximum | Notice during probation | Source rule |
|---|---|---|---|---|
| UK | Probationary period | No statutory cap; 3 to 6 months by contract | 1 week statutory minimum | ERA 1996; ACAS guidance |
| Germany | Probezeit | 6 months | 2 weeks either side | BGB §622(3); KSchG |
| France | Période d'essai | 2 / 3 / 4 months by category; renewable once | 24h to 1 month, scales with tenure | Code du travail L1221-19 to L1221-26 |
| Spain | Periodo de prueba | 6 months for graduates; 2 to 3 months others | No notice required during | Estatuto de los Trabajadores Art. 14 |
| Italy | Periodo di prova | 6 months | No notice required during | Civil Code Art. 2096 |
| Netherlands | Proeftijd | 1 month fixed-term <2 yrs; 2 months indefinite | No notice required during | BW Art. 7:652; must be written |
| US | Introductory period | No statutory cap; 30 to 90 days customary | At-will; no notice in most states | State law; FLSA silent |
| Singapore | Probation period | No statutory cap; 3 to 6 months common | 1 day to 1 week by contract | Employment Act; contract-led |
| Brazil | Contrato de experiência | 90 days (then auto-converts to CLT) | No notice if within term | CLT Art. 445 |
The French rule is the one buyers misread most often. The cap depends on the employee's category in the branch agreement, not on the contract's stated duration.
The civil-law versus common-law split
UK, US, and Singapore practice runs on contract terms because the statute is silent or thin. Germany, France, Italy, Spain, Netherlands, and Brazil set the cap in code and override the contract.
If you hire across both worlds on one EOR contract template, the template either over-reaches in the civil-law countries or under-uses the window in the common-law ones. The fix is country-specific clauses, not a global default.
What benefits and contributions still run during probation
Statutory contributions don't pause for probation. Employer social security, payroll tax, and statutory leave accrual run from day one in almost every market.
| Obligation | UK | Germany | France | US |
|---|---|---|---|---|
| Employer social security | From day 1 | From day 1 | From day 1 | From day 1 (FICA) |
| Statutory holiday accrual | From day 1 | From day 1; takeable after 6 months | From day 1 | No federal mandate |
| Statutory sick pay | SSP from day 4 | Employer pickup from week 4 | CPAM from day 4; employer top-up after 1 year | State-by-state |
| Pension / retirement | Auto-enrol on age+earnings | From day 1 | From day 1 (retraite) | Plan-specific |
| Discrimination protection | From day 1 (Equality Act) | From day 1 (AGG) | From day 1 | From day 1 (Title VII) |
The single biggest budget mistake is assuming probation reduces the on-cost. It doesn't. See fully burdened employment cost for the full per-country loading.
Where probation does cut cost
The saving sits in the notice line, not the contribution line. A German exit at month four costs two weeks of notice pay instead of one month; a French exit on a manager's période d'essai at month two costs 48 hours of notice instead of one to three months under the CDI rule.
That difference matters on speculative hires and aggressive ramps. On steady-state headcount it's marginal, because statutory leave and social security keep running regardless.
Terminating during probation: the rules that actually apply
Two questions decide whether a probation termination is clean: was the probation clause enforceable, and does any protected ground override it?
UK: at-will inside the two-year window
Statutory unfair-dismissal protection under ERA 1996 starts at two years' continuous service. Inside that window the employer can terminate without statutory cause, subject to the contractual notice and to automatically unfair grounds.
Day-one protections still apply: discrimination on a protected characteristic, whistleblowing, pregnancy and family-leave reasons, trade-union activity, and assertion of statutory rights. A "probation termination" on any of those grounds is unfair from day one regardless of the clause.
Germany: BGB §622(3) and the KSchG cutover
During the six-month Probezeit, either side can terminate with two weeks' notice under BGB §622(3) without cause. From the first day of month seven, the Kündigungsschutzgesetz applies and the employer needs operational, personal, or conduct cause.
Many EOR templates set Probezeit to three months. That leaves the next three months of statutory probation unused: a contract drafting choice, not a legal requirement.
France: période d'essai under L1221-19
Termination during the période d'essai needs no cause and no severance. The employer's only obligation is the notice (délai de prévenance): 24 hours under eight days' service, 48 hours up to one month, two weeks up to three months, one month beyond.
Past the cap, the contract converts to a regular CDI and termination needs cause, procedure, and indemnity. Terminating a hire at month four on a "six-month probation" clause that the labour code caps at two months is a wrongful dismissal.
US: at-will with state-level edges
Most US states run on the at-will doctrine. The 30 to 90-day introductory period is a policy convention, not a legal status, and it doesn't change the at-will baseline.
Federal anti-discrimination law (Title VII, ADA, ADEA) and state equivalents apply from day one. Montana is the outlier where wrongful-discharge protection kicks in after the introductory period rather than at two years.
How EOR contracts handle probation defaults
EOR providers normally set a default probation across the entire platform: typically three or six months. That default works in some countries and breaks in others.
| Country | EOR default (typical) | Local cap | Buyer exposure |
|---|---|---|---|
| Germany | 3 months | 6 months | Unused window; safe |
| France (manager) | 3 months | 4 months | Safe; check renewal clause |
| France (worker) | 3 months | 2 months | Clause unenforceable past month 2 |
| Netherlands (indefinite) | 3 months | 2 months | Clause void in full if oversize |
| Brazil | 3 months | 90 days then CLT | Auto-conversion at day 91 |
| UK | 3 to 6 months | No statutory cap | Always within 2-yr unfair-dismissal window |
The Netherlands rule is the trap: a Dutch probation clause that exceeds the statutory cap is void in full, not capped down. The employer ends up with no probation at all. See our Deel review for the line on country-by-country contract templates.
Whichapp view
Most EOR providers use a flat global probation default because it simplifies the contract platform. The buyer carries the variance. Ask for the country-specific clause set before signing, and confirm in writing what happens if the default exceeds local law.
For provider comparison on country-specific contract templates and termination workflows, see the best employer of record shortlist.
See our ranked shortlist of providers, scored across pricing transparency, country coverage, and contract flexibility. Updated for 2026.
View the shortlist →Probation period FAQs
How long can a probation period last?
It depends on the country. Germany caps Probezeit at six months under BGB §622(3). France caps the période d'essai at two months for workers, three for technicians, and four for managers under Code du travail L1221-19.
Italy and Spain both cap at six months for the main employee categories. The UK and US have no statutory cap; three to six months is customary. Brazil caps contrato de experiência at 90 days, after which the contract auto-converts to a permanent CLT contract.
Do statutory benefits apply during probation?
Yes, in almost every market. Employer social security, statutory holiday accrual, statutory sick pay, and pension contributions run from day one in the UK, Germany, France, Italy, Spain, and the Netherlands.
The US is the partial exception because there is no federal mandate on holiday or sick pay, though FICA and Title VII still apply from day one. Probation reduces notice obligations, not contribution obligations.
Can an employer dismiss someone during probation without cause?
In some countries, yes. UK common law allows termination on contractual notice inside the two-year unfair-dismissal window. German Probezeit and French période d'essai allow termination without statutory cause, subject to short notice.
The Netherlands allows termination during probation with no notice. Day-one protections still apply everywhere: discrimination, whistleblowing, pregnancy, and family-leave reasons override any probation clause. The same protected-ground analysis applies in UK employee versus contractor classification disputes.
What happens if a probation clause exceeds the legal maximum?
The clause is unenforceable above the cap, but the remedy differs. In Germany and France, the clause is read down to the statutory maximum and the rest of the contract stands.
In the Netherlands, an oversize probation clause is void in full and the employee has no probation at all. In Brazil, a contrato de experiência over 90 days auto-converts to a permanent CLT contract. When the termination falls outside probation, payment in lieu of notice rules normally take over.
Does an EOR set the probation length, or does the buyer?
The EOR sets the default in its standard contract template, usually three or six months globally. The buyer can normally request a country-specific clause, but the request has to be in writing before the offer letter goes out.
Ask for the country-by-country probation matrix during contract review; if the provider can't produce one, the default is what you get. See the employer of record entry for the wider responsibility split.