Probation Period in Moldova: Key Points for Contracts and Dismissal
- A probation period must be expressly included in the individual employment contract.
- Current practical sources indicate a general limit of up to 6 months, but shorter limits apply to some contracts.
- An employee on probation keeps ordinary labour rights: pay, safe working conditions and protection against unlawful dismissal.
- Dismissal for an unsatisfactory probation result must be formalized before the period expires; after that, general rules apply.
A probation period is useful for employers, but in Moldova it is not a "free test with no obligations". A mistake in the contract or in the timing can turn a routine HR decision into a labour dispute.
Probation Works Only If It Is in the Contract
The main rule is straightforward: the probation clause must be included in the individual employment contract. If the contract does not contain such a clause, the employee is considered hired without probation.
For an employer, it is not enough to mention probation only in an order, job ad, offer letter or internal email. A safer practical formula is to state the existence of probation, its duration, the start date and the position for which professional abilities are being assessed.
Employees should check this before signing. If probation appears only verbally or in a separate document without proper reflection in the contract, its application may be disputed.
How Long Probation May Last
Current practical sources on Moldova's Labour Code indicate a general limit of up to 6 months, unless a special shorter limit applies.
Important exceptions include:
- for unqualified workers, probation is set only as an exception and may not exceed 30 calendar days;
- for a fixed-term employment contract from 3 to 6 months, probation should not exceed 15 calendar days;
- for a fixed-term contract of more than 6 months, the limit is 30 calendar days.
Only one probation period may be set during a single individual employment contract. Restarting or extending it under the same contract is risky. Medical leave and other justified documented absences are usually not included in the probation period.
Who Should Not Be Placed on Probation
Probation should not be inserted mechanically into every contract. According to current practical sources, it is not set, in particular, for persons under 18, pregnant women, employees hired by transfer from another unit, persons elected to elective positions, employees hired under contracts of up to 3 months and some persons hired through competition unless a special law provides otherwise.
For employers, this is a pre-signing checklist: age, hiring basis, contract term, transfer and competition procedure. For employees, it is a reason to check whether the employer had the right to include such a clause at all.
Employees on Probation Keep Labour Rights
A common mistake is to treat probation as a "lighter" form of employment. It is not. The employee performs the duties of the position and, at the same time, benefits from rights under labour law, internal rules, the collective agreement and the individual contract.
That means salary, working time records, occupational safety, disciplinary rules, medical leave and other basic guarantees do not disappear simply because the employee is on probation.
Dismissal During Probation: The Main Risk
If the probation result is unsatisfactory, the employer must act before the probation period expires. If the period has passed and the contract has not ended, the employment relationship continues and any later dismissal must rely on general grounds.
Practical sources indicate that, in case of an unsatisfactory result, the employer may terminate without severance pay and the decision does not always require detailed reasoning. But this does not mean absolute freedom. The employee may challenge the dismissal, and then dates, documents, job expectations and the absence of discriminatory or fictitious reasons matter.
A minimum safer approach for employers is to define evaluation criteria in advance, document performance concerns and avoid waiting until the last day with no records. For employees, it is important to keep the contract, orders, correspondence and proof of actual work.
Short Conclusion
In Moldova, a probation period is lawful only as a properly documented assessment tool, not as a way to bypass labour guarantees. Before adding such a clause or dismissing someone based on probation results, check the contract, employee category, term and documents. If the situation is unclear, get legal review before signing the order.
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