Such a possibility is provided by a recent amendment to the Labour Code. Previous regulations did not provide for this possibility. If an employee became ill during the probationary period and did not work, the employer had no real possibility to check his or her qualifications and skills.

The arrangement regarding the extension of the contract will have to be incorporated into the probationary employment contract. Introducing such an arrangement into a contract already at the contracting stage can create room for abuse by employees. It is not difficult to imagine a situation in which an employee at the end of the probationary period "escapes" on long-term sick leave, while staying on payroll and blocking the job. This is especially possible if the employee already knows that the next contract will not be concluded with him or her. He or she has nothing to lose then.

There is no obstacle to adding such a provision to the contract by an annex, after the absence has actually occurred. This is certainly safer for employers and fulfils the actual purpose of the provision.

Find more in the PRO HR April 2023