Amidst Doubts and Certainties: Fair Leveraging of Probation Cover Image
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Între dubii și certitudini: justa valorificare a perioadei de probă
Amidst Doubts and Certainties: Fair Leveraging of Probation

Author(s): Valentina Lidia Zărnescu
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: C.H. Beck Publishing House - Romania
Keywords: probationary period; termination of employment contract; abuse of rights;

Summary/Abstract: The probationary period is undoubtedly a very important institution in our legal system which favors the conclusion of an employment contract for an indefinite period, because it appears, in these circumstances, as the most important tool for the parties to the employment relationship to have an opportunity to terminate the individual employment contract ante tempus and by simple manifestation of will. However, the right to terminate the individual employment contract during the probationary period cannot be exercised abusively by the employer, and it is possible to refer the matter to the courts and annul the decision to terminate the employment relationship. In the present paper, we will explore the principles governing the probationary period and the most common legal problems encountered in practice and the solutions advanced in case law.

  • Issue Year: 2025
  • Issue No: 1
  • Page Range: 221-235
  • Page Count: 15
  • Language: Romanian
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