Probation in employment: rules and contract requirements 2026

Probation is a central part of many employment relationships, but the rules for what is lawful and valid are more nuanced than most employers and employees think. Mishandling probation can cost an employer an extended notice period, and an employee can lose rights they did not know they had.

This guide reviews the probation rules in 2026: what the law says, what must appear in the contract, which rights apply during probation, and what happens when probation ends or is interrupted.

What is probation?

Probation is an initial period in an employment relationship where the employer can assess the employee's suitability for the position, and the employee can assess whether the job fits. During probation, a shortened notice period applies compared with ordinary employment.

Probation is not automatic. It must be agreed in writing, at the latest when the employment begins. Without a written agreement, the normal notice rules apply from day one, and probation cannot be agreed afterwards.

Probation for salaried employees (funktionærer)

The Salaried Employees Act (funktionærloven, FUL) governs the employment of salaried employees, including office staff, sales staff, technical staff and others covered by the Act.

Maximum probation for salaried employees

The maximum probation for salaried employees is 3 months, under section 2(5) of the Salaried Employees Act. An agreement on a probation of more than 3 months with the short notice is invalid, and the employee can instead demand the ordinary notice periods from the start of the employment.

Notice period during probation (salaried employee)

During probation, the employer can dismiss the salaried employee with 14 days' notice (calendar days) to any day. The notice therefore does not have to run to the end of a month, as with ordinary dismissal.

The employee, on the other hand, can as a rule resign without notice during probation. The parties can, however, agree that the employee, on equal footing with the employer, has a mutual notice of 14 days. If a mutual notice is agreed, the 14 days also apply to the employee.

The 14 days must fit within the 3 months. This means that a shortened dismissal from the employer's side can be given at the latest around 2.5 months into the employment. If the departure takes place after the 3 months, the salaried employee must instead be dismissed with the ordinary notice (at least 1 month to the end of a month in the first 6 months).

The end of probation

Probation ends automatically on expiry, unless interrupted by a dismissal. The transition from probation to continued employment requires no separate agreement.

Probation for non-salaried employees

For employees who are not salaried employees (for example hourly-paid workers and many production workers), there is no statutory probation. Whether there is probation, and how long it is, follows from the relevant collective agreement or the individual contract.

For hourly-paid workers under a collective agreement, you generally cannot agree an actual probation on top of the agreement. On the other hand, many collective agreements have very short or no notice periods at the start of employment. In the Industry Agreement (Industriens Overenskomst), for example, there is no notice from either party in the first 6 months, which thereby effectively function as a probation period, after which the notice periods increase with seniority.

Therefore always check the applicable collective agreement for the sector.

What must the contract say about probation?

Under the Act on employment certificates and certain working conditions, the employer must provide a written employment certificate. The essential terms must be stated no later than 7 calendar days after the work has started, and the remaining information no later than 1 month after. Any probation is one of the terms that must appear.

Requirements for the probation clause in the contract

1. The length of probation: state the start and end date or the duration in months (max 3 months for salaried employees)
2. Notice period during probation: state whether a mutual notice applies, or only 14 days from the employer's side
3. Any special conditions for training

Example of a probation clause:

"The employment begins with a probation of 3 months from the date of employment. During probation, either party can terminate the employment with 14 days' notice to any day."

Rights during probation

An employee on probation has, contrary to what many think, essentially the same rights as a permanent employee:

Pay and holiday pay

The employee is entitled to the agreed pay and accrues holiday from the first working day, regardless of probation.

Absence and illness

The employee is entitled to sickness benefit (via the employer or the municipality) from the first day of illness, provided the accrual conditions are met. A salaried employee is also as a rule entitled to full pay during illness.

Pregnancy and maternity

An employee who is pregnant or on maternity leave cannot be dismissed on that ground alone, not even during probation. This follows from the Equal Treatment Act, which places a reversed burden of proof on the employer. Dismissal of a pregnant employee during probation is only lawful if it is objectively based on something other than the pregnancy, and the employer can prove it.

Trade union organisation

Employees on probation can join a trade union and take part in union activity. Dismissal as a result of union activity is unlawful.

Dismissal during probation: what is valid?

The objectivity requirement

For salaried employees, a milder objectivity requirement applies during probation than later in the employment. The Salaried Employees Act's protection against unfair dismissal (section 2b) only applies after one year of employment, so during probation the employer can dismiss on a relatively loosely reasoned basis.

However, certain minimum limits apply:

• The dismissal must not be based on unlawful criteria (sex, race, religion, age, disability, union activity etc.)
• Pregnancy and maternity leave are never in themselves a valid reason

Writing and formal requirements

There is no general legal requirement that a dismissal during probation be in writing, but it is strongly recommended. An oral dismissal is hard to prove and can lead to a dispute about when the notice began to run.

The consequence of an unlawful probation dismissal

If the dismissal amounts to discrimination (for example on grounds of pregnancy or one of the protected criteria), the employee may be entitled to compensation under the Equal Treatment Act or the Anti-Discrimination Act, even during probation. If the employment certificate is missing or defective, there may also be a separate compensation under the Act on employment certificates.

What happens with illness during probation?

Illness during probation is a sensitive subject. Under case law, sickness absence during probation can in some cases be an objective ground for dismissal if:

• The absence is significant in relation to the employment
• The employee has had the opportunity to inform of the expected duration of the absence
• The absence genuinely prevents a fair assessment during probation

Illness is not, however, in itself automatically an objective ground for dismissal. The employer should be able to document what significance the absence has had for the probation assessment.

Can probation be extended?

For salaried employees, probation cannot be extended beyond the 3 months, not even if the employee has been ill for part of the period. The short 14-day notice applies precisely only when the employment does not last beyond 3 months, so an agreement to extend a salaried employee's probation does not hold. If the employee falls ill, probation runs on and expires on time.

For apprentices and trainees, a special rule applies: here probation can, under the Vocational Training Act, be extended if the trainee is absent for more than a month, for example due to illness. That rule follows from the Vocational Training Act, not the Salaried Employees Act.

Practical checklist for probation in the employment contract

• Probation is agreed in writing and appears in the employment contract
• The duration is specified (max 3 months for salaried employees)
• It is stated whether the notice during probation is mutual or applies only to the employer
• The contract is signed at the latest on commencement
• The applicable collective agreement is checked for any special rules

Frequently asked questions about probation

Is probation mandatory in an employment contract?

No. Probation must be agreed voluntarily and in writing. Without an agreement, the normal notice rules apply from day one.

Can the employer extend probation unilaterally?

No. For salaried employees, probation cannot be extended beyond 3 months at all, and a unilateral extension is invalid in any case.

What is the consequence of an agreed probation of 6 months for a salaried employee?

The agreement on the short 14-day notice is invalid because it exceeds 3 months. The salaried employee can instead demand the ordinary notice periods, which typically gives a longer notice.

Can you have probation in a fixed-term employment relationship?

Yes, but it is rarely appropriate. The combination of a short fixed-term employment and a probation can mean that probation makes up an unreasonably large part of the employment.

Can the salaried employee resign during probation without notice?

Yes. As a rule the salaried employee can resign without notice during probation. If the parties have agreed a mutual notice of 14 days, however, the salaried employee must give the 14 days on equal footing with the employer.

Conclusion

A well-designed probation clause protects both parties and gives the initial phase of the employment clear boundaries. For salaried employees, the most important rules are simple: probation may last at most 3 months, the employer can dismiss with 14 days' notice, the employee can as a rule leave without notice, and probation cannot be extended. Make sure probation is agreed in writing and appears in the employment contract, so the rules are clear from the start.

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The content of this article is for guidance only and does not constitute legal advice. Consult an employment-law adviser about your specific situation.