A probationary contract is a type of employment contract that aims to test an employee's performance for a limited period of time before actually hiring them. As with other hiring processes, document management, it is important that this agreement is well structured and correctly recorded.
This type of contract is widely used by companies that want to assess the skills and competencies of job candidates before offering an indefinite-term contract.
The probationary contract is regulated by the Consolidation of Labor Laws (CLT) and can last a maximum of 90 days. During this period, the employee has the same rights and responsibilities as a permanent employee, such as salary, vacation, thirteenth salary, FGTS (Unemployment Fund), and INSS (National Institute of Social Security).
If the employer decides not to make the employee permanent after the trial period, he must pay compensation of 1/12 of the salary for each month worked.
This type of contract is advantageous for both employer and employee. For the employer, the probationary contract allows them to evaluate the employee's performance before actually hiring them.
This helps avoid potential future problems, such as hiring an employee who doesn't fit into the company culture or who doesn't have the necessary skills for the position.
For employees, the probationary period is an opportunity to showcase their skills and competencies and, thus, secure a permanent position within the company. During the probationary period, employees can demonstrate their potential and demonstrate to the employer that they are capable of performing their duties effectively.
It is important to highlight that the probationary contract must be formalized in writing and contain information such as the start and end dates of the contract, working conditions, salary, job duties and employee responsibilities.
Furthermore, it is recommended that the probationary agreement be signed by both the employee and the employer, and that a copy be given to the employee. digital signature facilitates this formalization in a practical and safe way.
What should a probationary contract include?
Having a probationary contract is an important step in the employee hiring process. This type of contract is an essential tool for evaluating a candidate's performance before actually hiring them for an indefinite period.
To create an efficient trial contract, it is necessary to follow some important steps.
Contract conditions
The first step is to define the terms of the contract, such as the start and end dates, salary, working conditions, and job responsibilities. It's important that all information is clear and precise to avoid potential misunderstandings between the parties involved.
Responsibilities and obligations
Furthermore, the probationary agreement should contain information about the employee's responsibilities and the employer's obligations. This information is crucial to ensuring the contract is properly fulfilled and to avoid future problems.
Benefits
Another important aspect of drafting a probationary agreement is including information about the benefits the employee will receive during the probationary period, such as vacation, thirteenth-month salary, FGTS (Unemployment Fund for Severance Indemnity), and INSS (National Institute of Social Security). It's crucial that employees understand all their rights and responsibilities before signing the contract.
Signature of the parties
It is recommended that the probationary agreement be signed by both the employee and the employer, and that a copy be given to the employee. This way, all information is recorded and the employee has documentary proof of the terms of the agreement. electronic signature ZapSign allows you to do this simply, quickly and online.
Compliance with labor standards
Another important point to consider is the contract's compliance with labor regulations and current legislation. It's crucial that the contract complies with labor laws to avoid potential legal issues.
In this process, it is also useful to understand how a digital contract and how technology facilitates compliance.
Terms and clauses
Finally, all terms must be clear and objective to avoid possible misinterpretations.
How does the trial period work?
A probationary contract is a form of temporary employment that allows the employer and employee to evaluate the employee's performance and adaptation to the company. According to Article 445, sole paragraph, of the Consolidation of Labor Laws (CLT), a probationary contract cannot exceed 90 days and can be extended only once, as per Article 451 of the same law.
There are several different day combinations available for a trial contract, as long as the 90-day maximum limit is respected and the option for a one-time extension is granted. The most common models are the 30+60-day contract and the 45+45-day contract.
Under a 30+60-day contract, the employee is hired to work for 30 days, with the option to extend for an additional 60 days, for a total of 90 days. Under a 45+45-day contract, the employee is hired to work for 45 days, with the option to extend for an additional 45 days, also for a total of 90 days.
It's up to the employer to choose the combination of days that best suits the company and the needs of the work to be performed. It's important to remember that, regardless of the length of the probationary period, the employer can terminate the contract at any time during the agreed period.
At the end of the trial period, if the employer wishes to continue with the employee, it will be necessary to formalize the hiring with a new employment contract, guaranteeing the employee all the rights guaranteed by the CLT.
It's worth noting that, after the probationary period ends, if the employer fails to formalize the hiring process or the employee fails to accept the job offer, the contract becomes indefinite. Therefore, it's important that both parties are aware of the terms and conditions of the probationary contract.
In this context, tools such as digital signature verifier can bring even more security to labor documents.
Finally, it is important that the parties are aware of their rights and responsibilities and that the contract is drafted clearly and objectively, ensuring a healthy and secure relationship between employer and employee. For more information, it is worth checking out how contract management directly impacts the routine of companies.
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CEO of Henshin Agency and digital marketing consultant, fascinated by content marketing and an admirer of Japanese culture.
