Probation Periods by Country (2026): Maximum Length & Rules

At a glance

Six months is the most common ceiling among the countries below: Argentina, Germany, Ireland, Kenya, the Philippines, Sweden and the UAE all cap standard probation at six months.
Some ceilings are much shorter: one month in Austria and, by default, Switzerland; 30 days in Mexico for most roles; two months in the Netherlands; 90 days in Brazil.
Several countries scale it by role or contract: France by job category, Portugal and Vietnam by seniority, China and the Netherlands by contract length, and Mexico and Spain for managers and technical specialists.
The UK sets no statutory length: the period and its conditions just have to be in the written statement. New Zealand instead has a 90-day trial period that removes the right to claim unjustified dismissal.
Probation doesn't always mean dismissal at will. Notice still applies in Germany, Switzerland, Denmark, Norway, Kenya and the UAE, and pay floors apply in China and Vietnam.

Maximum probation period by country

Country	Maximum	What the law says	Law
Argentina	6 months (8 or 12 by collective agreement in small firms)	The first six months of an indefinite contract are a trial period; collective agreements can extend it to 8 months (employers with 6 to 100 workers) or 1 year (up to 5 workers). Either side can end the contract during it without cause, without severance and, since the 2026 reform, without notice. An employer can't use a trial period with the same worker twice.	Ley de Contrato de Trabajo (Law 20.744)
Austria	1 month	A probationary period of up to one month can be agreed, during which either side can end the employment at any time.	Angestelltengesetz (AngG)
Brazil	90 days	A probationary (experience) contract may not exceed 90 days, and it can be extended only once within that limit; a second extension turns it into an open-ended contract.	Consolidação das Leis do Trabalho (CLT)
China	1 to 6 months, by contract length	Up to 1 month on a contract of 3 months to under a year, 2 months on 1 to 3 years, and 6 months on 3 years or more or open-ended, once per employee. Probation pay must be at least 80% of the agreed wage and not below the local minimum wage. Labour Contract Law arts. 19 and 20. No probation on task-based contracts or contracts under 3 months.	中华人民共和国劳动合同法 (Labour Contract Law, 2012 revision)
Denmark	14 days' notice if probation is up to 3 months	If the employment is agreed as probationary and lasts no more than 3 months, the employer's notice is at least 14 days.	Funktionærloven (LBK nr 1002 af 24/08/2017)
France	2 to 4 months by category (up to 8 with renewal)	A CDI may include a probation period of up to 2 months for workers and employees, 3 months for supervisors and technicians, and 4 months for executives (cadres). It can be renewed once if an extended branch agreement allows it, up to a total of 4, 6 or 8 months respectively.	Labour Code (Code du travail)
Germany	6 months	A probation period can be agreed for up to six months, during which either side can terminate with two weeks' notice.	Civil Code (BGB) §§ 611a–630: employment contracts and notice
Ireland	6 months (12 exceptionally)	Up to 6 months. It can exceed that only exceptionally, up to 12 months, where this is in the employee's interest. Probation is extended by statutory leave taken during it. On fixed-term contracts it must be proportionate to the contract length, and a renewal for the same work cannot carry a new probation (1994 Act s. 6D; Fixed-Term Work Act 2003 s. 9A).	Terms of Employment (Information) Act 1994 (revised)
Italy	Set by collective agreement (up to 6 months in commerce)	Set by the collective agreement. Under the commerce and services agreement (CCNL Terziario), the maximum is six months for managers (Quadri) and level I, 60 days of actual work for levels II to V and 45 days for levels VI and VII. Either side can end the contract at any time during probation without notice; the employee still receives the accrued TFR, 13th and 14th salaries and holiday pay.	CCNL Terziario, Distribuzione e Servizi (CNEL code H011)
Kenya	6 months (+6 by agreement)	A probationary period can last up to six months, extendable by agreement for up to six more. Either side can end it with seven days' notice, or the employer can pay seven days' wages instead. Employment Act, s. 42.	Employment Act (Cap. 226)
Mexico	30 days (180 for managers and specialists)	In open-ended contracts, or contracts of more than 180 days, a probation period of up to 30 days can be agreed, extendable to up to 180 days for management and administrative roles or specialised technical or professional work. The employee receives full salary, social security and benefits during probation.	Federal Labour Law (Ley Federal del Trabajo)
Netherlands	2 months	Must be agreed in writing and be the same for both parties. Up to 2 months on an open-ended contract. Fixed-term contracts: none if six months or less, up to 1 month if longer than six months but under two years (or without a calendar end date), and up to 2 months for two years or more. No new probation on a follow-on contract for the same skills (art. 7:652).	Dutch Civil Code, Book 7, Title 10 (employment contracts)
New Zealand	90-day trial period	An employment agreement can include a written trial period of up to 90 days for an employee new to the employer. If the employer gives notice of dismissal during it, the employee can't bring a personal grievance for unjustified dismissal.	Employment Relations Act 2000 (as at 10 July 2026)
Norway	Notice of 14 days during probation	During an agreed probationary period, the mutual notice period is 14 days unless otherwise agreed in writing or in a collective agreement.	Oppsigelse
Philippines	6 months	Up to 6 months from the start date (longer only under an apprenticeship agreement). The employer must make the standards for regularisation known at engagement; an employee who keeps working after probation becomes regular. Labor Code art. 296 [281].	Labor Code of the Philippines (renumbered, 2022 edition), including art. 103 (time of payment)
Poland	3 months	A trial-period contract may last up to 3 months, or up to 1 month where a fixed-term contract of under 6 months is intended and up to 2 months for one of 6 to 12 months (extendable once by up to 1 month if the type of work justifies it).	Labour Code (Kodeks pracy)
Portugal	90 days (180 or 240 for senior roles)	On open-ended contracts: 90 days for most employees, 180 days for complex, high-responsibility or trust roles (and first-job seekers or the long-term unemployed), and 240 days for directors and senior management. Fixed-term contracts: 30 days if the contract runs six months or more, 15 days if shorter. Probation can be shortened by collective agreement or written agreement, and is reduced by earlier fixed-term, temporary or service contracts for the same job with the same employer (art. 112).	Labour Code (Código do Trabalho), Law 7/2009, consolidated
Spain	2 months (6 for qualified technical staff)	Agreed in writing. Unless the collective agreement says otherwise: up to 6 months for qualified technical staff and 2 months for other employees (3 months in companies with fewer than 25 employees). Fixed-term contracts of six months or less: up to one month. Probation is void if the employee has already done the same job at the company (art. 14).	Workers' Statute (Estatuto de los Trabajadores), consolidated text
Sweden	6 months	A probationary employment can be agreed for up to six months. It becomes open-ended unless either side gives notice before the end of the probation period. LAS, section 6.	Lag (1982:80) om anställningsskydd (LAS)
Switzerland	1 month (3 by written agreement)	The first month is a probation period, during which either side can give 7 days' notice. A written agreement can extend probation to a maximum of 3 months; absences for illness or accident extend it accordingly. OR, Article 335b.	Obligationenrecht (OR), SR 220
United Arab Emirates	6 months, not extendable	Up to 6 months, and it cannot be extended. An employer ending employment during probation must give 14 days' written notice. An employee leaving during probation must give 14 days' notice to leave the UAE, or one month to join another UAE employer.	Employment contracts: duration and models in the private sector
United Kingdom	No statutory length	No statutory length. Any probationary period, its conditions and its duration must be stated in the written statement. Employment Rights Act 1996, section 1(4)(ga) and (6).	Employment Rights Act 1996, section 1
Vietnam	6 working days to 180 days, by role	Probation is allowed once per job: up to 180 days for enterprise managers, 60 days for jobs needing a college degree or higher, 30 days for jobs needing an intermediate qualification, and 6 working days for other work. Pay during probation must be at least 85% of the job's salary. Labour Code arts. 24 to 26. There's no probation on contracts shorter than one month.	Labour Code No. 45/2019/QH14, consolidated text

Notice and dismissal during probation

Two weeks' notice in Germany during an agreed probation of up to six months; 14 days in Denmark (for probation of up to 3 months), Norway (unless otherwise agreed) and the UAE (employer side, in writing).
Seven days in Switzerland and Kenya (where the employer can pay seven days' wages instead).
No notice or severance in Argentina during the trial period since the 2026 reform, and either side can end it at any time in Austria and Italy.
New Zealand's 90-day trial lets the employer dismiss without the employee being able to bring a personal grievance for unjustified dismissal, if the trial is in writing and the employee is new to the employer.

Pay during probation

China: at least 80% of the agreed wage and not below the local minimum wage.
Vietnam: at least 85% of the job's salary.
Mexico: full salary, social security and benefits throughout probation.
Italy: an employee leaving during probation still receives accrued TFR, 13th and 14th salaries and holiday pay.

Extensions and repeat probation

Can be extended: Kenya by up to six more months by agreement; Ireland to 12 months exceptionally where it's in the employee's interest; Switzerland to 3 months by written agreement; France once if a branch agreement allows; Poland by up to a month for some fixed-term contracts.
Can't be extended: the UAE's six-month maximum.
Once only: China (once per employee), Vietnam (once per job) and Argentina (not twice with the same worker). Spain and the Netherlands bar a new probation for the same job or skills, and Portugal reduces it for earlier contracts in the same role.
Extended by absence: Ireland adds statutory leave taken during probation, and Switzerland adds absences for illness or accident.

Probation when you hire through an EOR

The EOR is the legal employer, so the probation period is set in its local employment contract and must stay within these limits. Agree the length before the offer goes out, and check whether a collective agreement shortens it, as in Italy and Spain.

Ending employment during probation is still a termination: the EOR gives any notice the law requires and passes on the cost. For what follows probation, see notice periods by country and severance pay by country.

Frequently asked questions

How long is the probation period in Germany?

A probation period can be agreed for up to six months, during which either side can terminate with two weeks' notice.

What is the maximum probation period in France?

A CDI may include a probation period of up to 2 months for workers and employees, 3 months for supervisors and technicians, and 4 months for executives (cadres). It can be renewed once if an extended branch agreement allows it, up to a total of 4, 6 or 8 months respectively.

How long can probation last in Spain?

Agreed in writing. Unless the collective agreement says otherwise: up to 6 months for qualified technical staff and 2 months for other employees (3 months in companies with fewer than 25 employees). Fixed-term contracts of six months or less: up to one month. Probation is void if the employee has already done the same job at the company (art. 14).

Is there a statutory probation period in the UK?

No statutory length. Any probationary period, its conditions and its duration must be stated in the written statement. Employment Rights Act 1996, section 1(4)(ga) and (6).

Can probation be extended in the UAE?

Up to 6 months, and it cannot be extended. An employer ending employment during probation must give 14 days' written notice. An employee leaving during probation must give 14 days' notice to leave the UAE, or one month to join another UAE employer.

What is the probation period in Mexico?

In open-ended contracts, or contracts of more than 180 days, a probation period of up to 30 days can be agreed, extendable to up to 180 days for management and administrative roles or specialised technical or professional work. The employee receives full salary, social security and benefits during probation.

Sources

1
Argentina: Ley de Contrato de Trabajo (Law 20.744)
Argentina.gob.ar (InfoLEG)
Consolidated text including Law 27.802 (6 March 2026): trial period (art. 92 bis), aguinaldo (arts. 121–122), vacation (arts. 150–155), overtime (arts. 197 bis, 201), notice (arts. 231–233) and severance (art. 245).
2
Austria: Angestelltengesetz (AngG)
RIS (Bundeskanzleramt)
Sick pay (§ 8), probation (§ 19) and notice periods (§ 20) for salaried employees.
3
Brazil: Consolidação das Leis do Trabalho (CLT)
Presidência da República (planalto.gov.br)
Art. 29 (work card), 58–59 (working time, overtime), 74 §2 (time records), 130 and 134 (leave), 392 (maternity), 445 and 451 (fixed-term and experience contracts).
4
China: 中华人民共和国劳动合同法 (Labour Contract Law, 2012 revision)
Shanghai Municipal People's Government
Arts. 14 (open-ended contracts), 19–20 (probation), 37 and 40–42 (notice and protected employees), 46–47 (economic compensation), 57–59, 63, 66–67 (labour dispatch), 92 (penalties).
5
Denmark: Funktionærloven (LBK nr 1002 af 24/08/2017)
Retsinformation
Scope (§ 1), notice (§ 2), severance after 12 and 17 years (§ 2 a), unfair dismissal compensation (§ 2 b) and sickness (§ 5).
6
France: Labour Code (Code du travail)
Légifrance
Current text of arts. L8241-1 (staff lending), L1221-2, L1242-8 and L1242-8-1 (CDI and CDD), L1221-19 and L1221-21 (probation), L3121-27 (35-hour week), L3141-3 (paid leave), L1234-1 (notice), L1232-1, L1234-9 and R1234-2 (dismissal and severance).
7
Germany: Civil Code (BGB) §§ 611a–630: employment contracts and notice
gesetze-im-internet.de
§ 622: notice periods by length of service, two weeks during an agreed probation of up to six months, and permitted deviations.
8
Ireland: Terms of Employment (Information) Act 1994 (revised)
Law Reform Commission (Revised Acts)
s. 3: full written statement within one month; s. 3(1A): core terms within 5 days; s. 6D: probation up to 6 months (12 exceptionally).
9
Italy: CCNL Terziario, Distribuzione e Servizi (CNEL code H011)
CNEL – Archivio dei contratti collettivi
Consolidated text (Testo Unico 30 March 2015, as deposited with the 2019 renewal): probation (art. 121), 13th and 14th salaries (arts. 220–221), notice (arts. 247–248). These articles were not among those amended by the 22 March 2024 renewal.
10
Kenya: Employment Act (Cap. 226)
Kenya Law (National Council for Law Reporting)
Ss. 27 (rest day), 28 (annual leave), 29–29A (maternity, paternity, adoption), 30 (sick leave), 31 (housing), 35–36 (notice), 40 (redundancy), 42 (probation), 43, 45 and 49 (unfair termination).
11
Mexico: Federal Labour Law (Ley Federal del Trabajo)
Cámara de Diputados
Consolidated text, last reform DOF 14-05-2026: subcontracting (arts. 12–15), written conditions and contract duration (arts. 24, 35, 37), probation (art. 39-A), dismissal and compensation (arts. 47–50), working time, vacation, aguinaldo, PTU (art. 127), seniority premium (art. 162), suspension of pay during illness (art. 42), public holidays and double pay (arts. 74–75), paternity leave (art. 132-XXVII Bis) and maternity leave (art. 170) and pay periods (art. 88).
12
Netherlands: Dutch Civil Code, Book 7, Title 10 (employment contracts)
wetten.overheid.nl
Arts. 7:629 (sick pay), 7:634 (leave), 7:652 (probation), 7:668a (chain rule), 7:669–7:671b (dismissal), 7:672 (notice) and 7:673 (transition payment).
13
New Zealand: Employment Relations Act 2000 (as at 10 July 2026)
New Zealand Legislation
Trial periods (ss 67A–67B), test of justification (s 103A), joining a controlling third party (s 103B) and remedies against it (s 123A).
14
Norway: Oppsigelse
Arbeidstilsynet (Norwegian Labour Inspection Authority)
Notice periods by length of service and age; 14 days during probation.
15
Philippines: Labor Code of the Philippines (renumbered, 2022 edition), including art. 103 (time of payment)
Department of Labor and Employment (DOLE)
Arts. 83, 87, 93 (hours, overtime, rest days), 95 (service incentive leave), 106 (contracting), 292(b), 294, 296–298 (probation and termination).
16
Poland: Labour Code (Kodeks pracy)
Internetowy System Aktów Prawnych (ISAP)
Unified text as of 14 Oct 2026 (t.j. Dz. U. 2026 poz. 1245): probation (art. 25), fixed-term limits (art. 25¹), written form (art. 29), termination and reasons (art. 30), notice (art. 36), working time (art. 129), overtime (art. 151¹), annual leave (arts. 154–155), sick pay (art. 92), maternity leave (art. 180), parental leave (art. 182¹ᵃ, 182¹ᶜ), paternity leave (art. 182³) and childcare leave (art. 186) and payment of wages (art. 85).
17
Portugal: Labour Code (Código do Trabalho), Law 7/2009, consolidated
Diário da República
Arts. 40, 41, 43 and 65 (parental leave, the mother's and father's exclusive leave, and pay during leave), 112 (probation), 131 (training), 140–149 (fixed-term contracts), 168 (telework expenses), 203, 228 and 268 (working time and overtime), 234–239 (holidays and leave), 263–264 (allowances), 351–373 (dismissal and compensation) 278 (when pay is due) and 400 (resignation notice).
18
Spain: Workers' Statute (Estatuto de los Trabajadores), consolidated text
Boletín Oficial del Estado (BOE)
Arts. 8.3 (contract notification), 29 (payment of wages), 14 (probation), 15 (fixed-term contracts), 31 (extra payments), 34 (working time and time recording), 37.2 (public holidays), 38 (annual leave), 43 (worker transfer), 45.2 (effect of suspension), 48.4 (birth leave), 48 bis (parental leave), 49.1.d (resignation), 52–54 and 56 (dismissal). Consolidated text updated 21 October 2026.
19
Sweden: Lag (1982:80) om anställningsskydd (LAS)
Sveriges riksdag
Sections 4–5 a (forms of employment and conversion), 6 (probation), 7 (objective grounds), 11 (notice periods) and 22 (order of selection).
20
Switzerland: Obligationenrecht (OR), SR 220
Fedlex (Swiss federal law)
Arts. 321c (overtime), 324a (sick pay), 329a (holidays), 329f–329g (maternity and other-parent leave), 335b–335c (probation and notice), 336c (protected periods). Stand am 1. Oktober 2026.
21
United Arab Emirates: Employment contracts: duration and models in the private sector
The Official Portal of the UAE Government (u.ae)
Fixed-term contracts, probation (up to 6 months; 14 days' notice), non-compete (up to 2 years) and work arrangements. Updated 12 August 2026.
22
United Kingdom: Employment Rights Act 1996, section 1
legislation.gov.uk
Statement of initial employment particulars, including any probationary period.
23
Vietnam: Labour Code No. 45/2019/QH14, consolidated text
Official Gazette (Công báo) No. 131, 28 February 2026
Arts. 20, 24–26 (contracts, probation), 35–37 (termination and notice), 46–47 (severance and job-loss allowances), 52–58 (labour outsourcing), 98, 104–107 (pay, bonuses, hours), 112–114 (holidays, leave), 139 (maternity), 151–155 (foreign workers), 168 (insurance).

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