New legislation deems probationary periods operating in excess of 6 months expired as of 1st February 2022
The European Union (Transparent and Predictable Working Conditions) Regulations 2022 were implemented in Ireland on the 16th December 2022 and introduced changes to the duration of probationary periods. The Regulations now set a maximum duration of 6 months for probationary periods for private sector employees unless there are exceptional circumstances or, if an extension is in the best interests of the employee, in which case the probationary period may be extended to 12 months. Employers are also entitled to extend the period of probation in circumstances where an employee has been absent due to statutory leave such as sick leave or parent’s leave and as provided for in the legislation.
If your employee began their employment with you by 16th December 2022, has completed 6 months’ probation and is continuing in a probationary period in excess of the 6 months, their probationary period is considered expired as of 1st February 2023. Employers should review all employment contracts to know where they stand with their employees.
Please get in touch with our Employment Team with any queries you may have in relation to your employees’ probationary periods.