Nová koncepce zkušební doby
The New Concept of Probational Period

Summary/Abstract: Probational period is a traditional institute of Czech labour law, nevertheless, the new conception of this period was worked out last year. The protective function of labour law is suppressed in this case; the probational period is an unsecure period for both of the parties of labour relation. That is the reason why the Labour Code prescribes so many conditions and regulations for negotiating the probational period. The provision § 35 of Labour Code, which sets up the probational period is not very extensive, however, it causes misinterpretation. The new conception of probational period offers an alternative way how to solve the discrepanties. There is also a difference between the legal form of probational period in the Czech Republic and the others EU countries; for example the Polish Labour Code regulates so called trial employment relation. The probational period is practical and popular institute in Czech labour law.

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