Probation (workplace)

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The probationary period refers to a period in which for the time being something is granted on a trial to determine the suitability. This is common in an employment relationship, a public- law contract and on receipt of the license.

  • 4.1 The situation in Germany 4.1.1 Section A Serious Violations
  • 4.1.2 Section B: Less serious offenses

Probationary period of employment

Situation in Germany

In employment there is no legal requirement to have an employment relationship with a trial period must begin. But is more common sample period of more than six months.

During the duration of an agreed trial period applies pursuant to § 622 para 3 of the Civil Code a notice period of two weeks for the first six months of an agreed trial period. From a collective agreement, a shorter deadline may result. By private contractual arrangements also a longer notice period is possible. The probationary period contributes to the practical needs of both working parties bill, in a manageable initial period of employment to test the capability of the worker or the working conditions and to terminate the employment at relatively short notice for a negative output.

If, exceptionally, a trial period of more than six months is agreed, this is notice to the employee legally irrelevant. The waiting period under the Employment Protection Act, irrespective of the length of an agreed trial period of six months. This means that the employee even after the expiry of six months general protection against dismissal served in a company with more than 10 employees, if a probationary period of more than six months was agreed.

Is for pregnant women as early as during the first six months, even during an agreed trial period of special protection against dismissal under § 9 Maternity Protection Act ( Maternity Protection ).

The dismissal during the probationary period shall be subject to consultation with the works council in accordance with § 102 German Works Constitution Act ( WCA), or employee representation.

A trial period may be agreed also effective in a fixed-term contract. The probationary period is to be distinguished from a priori limited (sample ) employment relationship pursuant to § 14 para 1 sentence 2 no 5 part-time and temporary employment law.

Situation in Austria

The probationary period in Austria may, but need not be agreed. However, you may be prescribed by the collective agreement. In both cases the employment contract during the probation period of two partners without giving reasons can be released at any time. The probationary period shall not be longer than one month under normal working conditions, in apprenticeships, it is limited to three months. If a longer probationary period agreed, the excess amount is considered temporary employment outside the trial period. If no trial period is agreed, or the employment relationship lasts longer than the probationary period, the statutory or collectively agreed notice periods apply.

Situation in Switzerland

Without contractual agreement, Switzerland has introduced a trial period of one month. During this period, either party may terminate the employment contract within seven days. The probationary period may be extended in the employment at three months.

Probationary period of a training relationship

Also, the training relationship begins according to § 20 of the Vocational Training Act ( Vocational Training Act) with the trial period and at least one month and may not exceed four months. The agreement of a shorter or longer period is invalid pursuant to § 25 of the Vocational Training Act. The agreement of a trial period of six months is therefore inadmissible (LAG Baden- Württemberg on 15 November 1975. Governing No. 5 to § 13 BBiG old version ). You will be entered in the minutes of the training contract. During the probationary period the training relationship from both sides at any time for no reason and be terminated without observing a period of notice (§ 22 Vocational Training Act ). The notice must be in writing.

According to § 13 Nursing Act ( KrPflG ) for training for health and nursing and health, and nursing assistants and § 18 elderly care law ( AltPflG ) for training as a geriatric nurse the probationary period is six months.

In the vocational education and training in a public- law contract the Vocational Training Act ( Vocational Training Act) and the rules will not apply to probation. For example, here the currently valid collective agreement for trainees of the civil service ( TVAöD ) Special Section BBiG a trial period of 3 months after the Special Part of care ( TVAöD care) a probationary period of 6 months ago.

The probationary period is mainly used to the fact that the trainers and the trainees get to know each other. The probationary period is a period of reflection

  • For the student, whether he has made ​​the right decision in choosing his occupation and
  • For the instructor whether the student is suitable for the job and fits into the company's operations.

If the training is interrupted during the trial period by more than a third of that time, as the sample period is extended by the period of interruption. The probationary period shall be extended in these cases is not automatic and requires a written agreement. For short-term interruptions to extend the probationary period does not come into question.

Probationary period in the public employment

In the employment relationship of an official or judge the probationary period means the period in which the official or judge is already set but not yet hired permanently. The officer or judge is already doing because of a service contract service as a probationary official or judge on probation to an authority or a court, but he is no position assigned.

Probationary period in the acquisition of the license

Situation in Germany

The first time you obtain the license in Germany a two-year trial period in terms of fitness to drive a motor vehicle ( 2a, Section 1 of the Road Traffic Act §) applies to public transport ground. Event of a serious violation ( "A- G " ) or two less serious violations ("B - violation ") within the probationary period must participate in a postgraduate seminar of the license holder. The probationary period will be extended once for two years.

If after participating in the advanced seminar again an A violation committed (or two B offenses), the license holder will be warned and given the recommendation to take an optional verkehrspsycholgischen advice. By entering two points would be reduced.

After receiving the recommendation of the license holder has two months grace period. If he again commits an A violation (or two B offenses) after the deadline, his license shall be revoked. A new license may then be granted at the earliest three months after the abduction.

The probationary period must be run only once; For example, when already the license class A1 was acquired with 16, for later acquired license classes (such as B or A) required no further probationary period. The possession of a driving license for categories AM, L or T will not count towards the probationary period.

From 2003 to 2010, there was the possibility of the trial period to shorten the Tailnahme in a training seminar for one year by the novice driver training regulation for the holder of a category B driving license on probation.

The catalog of offenses which result during the probationary period for arranging a seminar building, located in the Annex 12 of the driving license regulations ( FeV ). It is divided into sections A and B.

Section A Serious Violations

Offenses:

  • Failure to stop after the accident, § 142 StGB
  • To render assistance, § 323c StGB
  • Manslaughter ( § 222 StGB) or bodily injury, § § 223 et seqq
  • Coercion, § 240 StGB
  • Dangerous driving, § 315c StGB
  • Driving under the influence of psychoactive substances: alcohol, drugs, medication, § 316 StGB
  • Driving without a license, § 21 StVG
  • Use of uninsured vehicles, § 6 Compulsory Insurance Act

Offences:

  • Forbidden passenger transport
  • Violations of the right driving
  • Excessive speed ( messages to the driver licensing authority, and thus trial period measures were taken, from 21 km / h is exceeded, in trucks and buses at any offense punishable exceeded)
  • Inadequate distance between
  • Wrong overtaking
  • Wrong turn
  • Unauthorized turning or reversing
  • Wrong behavior at level crossings, public transportation and school buses or at crosswalks
  • Wrong behavior at traffic lights, at the stop sign or stop sign by police officers
  • Disregarding the right of way rules
  • Unauthorized lighting device on the vehicle.

Section B: Less serious offenses

Offenses under section B are:

  • Other traffic offenses that are not listed in Section A.
  • Features abuse, § 22 StVG

These offenses will be covered only under Part B if they have not already done directly to the revocation of the license.

Offences:

All offenses, which are occupied by at least 40 € fine or a driving ban and which are not listed in Section A.

Situation in Austria

See multiphase training.

Situation in Switzerland

See L. Green

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