Did you know that the maximum probationary period is 30 days for employees who perform general tasks?
We will terminate the employment relationship with an employee who did not meet the necessary requirements and skills for the service they were hired for; however, since we are doing this 15 days after the end of the probationary period, we would like to know if the compensation of three months' salary is applicable.
In indefinite-term employment contracts and fixed-term or project-based contracts exceeding 180 days, a probationary period may be established to verify that the employee has the skills and knowledge required for the position (Articles 35 and 39-A, Federal Labor Law — LFT).
The maximum probationary period is 30 days for employees performing general tasks, and exceptionally, 180 days for positions related to managerial, executive, and administrative tasks of a general nature, as well as technical or specialized professional roles (Article 39-A, first and second paragraphs, LFT).
If, during this period, the employer, considering the opinion of the Joint Productivity, Training, and Development Committee, determines that the employee does not meet the requirements inherent to the position, the employment contract may be terminated. Otherwise, the employment relationship will continue (Article 39-B, third paragraph, LFT).
Therefore, when the probationary period ends and the employment relationship continues, it is considered an indefinite-term contract, or a contract with a duration stipulated in the agreement (greater than 180 days) — Article 39-E, LFT.
Consequently, if you decide to terminate the employee's services after the probationary period, it would be considered an unjustified dismissal. Therefore, the employer would be required to pay the employee the constitutional severance payment of three months of integrated daily salary, as well as the corresponding settlement, which includes the proportional part of vacation days, vacation premium, Christmas bonus (aguinaldo), and the applicable seniority premium (Articles 48, 79, 80, 87, and 162, section III, LFT).
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