Aspecte noi privind perioada de probă – clauză în contractul individual de muncă
New aspects regarding the trial period – clause of the employment contract

Summary/Abstract: The adoption of Law No.40/2011 completing and amending the Labor Code was aimed at bringing flexibility to the regulations regarding labor relationships, labor market. The amendments and alterations brought to the provisions of the Labor Code in what the trial period is concerned, do not change entirely the meaning of the prior regulation. The main alterations regard the increase of the trial period and the new period of training for the graduates of higher education institutions in their professional debut, as well as removing the ban on successive employment of more than three people on the same job. In addition, the legal nature of the trial period is also clarified, being considered a cancelation clause of the employment contract. Thus, during the trail period or at its expiration both parties can terminate the contract by means of a written notification, without notice or motivation. The herein study aims at analyzing the new aspects brought to the Labor Code in respect to the trial period, as well as some considerations of comparative law on this matter.

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