CERTAIN MATTERS RELATED TO THE LEGAL REGIME OF THE PROBATION PERIOD. DE LEGE FERENDA PROPOSALS
CERTAIN MATTERS RELATED TO THE LEGAL REGIME OF THE PROBATION PERIOD. DE LEGE FERENDA PROPOSALS

Summary/Abstract: Law 40/2011 significantly changes certain important institutions of Labour Law, among which is listed the probation period. The establishment of probation periods longer than the ones recorded in the past and the renouncement to certain protective measures for the employees, such as, for example, the probation period of at most five days for unqualified workers, is the most controversial news in this field. These matters also occur in the framework of prior inconsistencies and, as a result, a new series of propositions for lege ferenda in this field is needed. Without pretending to be exhaustive in relation to the matters related to this important institution of the labour law, this study is aimed atanalysing certain legal matters related to the current applicability of the probation period, providing solutions for a fair regulation of this matter, both for the employer, and the employee.

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