A probation period is an initial phase of employment, usually three to six months, during which both sides assess whether the role is right. The common assumption that probation makes dismissal straightforward is true in the US and misleading almost everywhere else. Many countries cap how long probation can last, require notice during it, and restrict the reasons for ending it.
If you employ people in more than one country, probation is not one policy. Last updated September 2026.
| Question | Short answer |
|---|---|
| Typical length | Three to six months, longer for senior roles |
| Is the length regulated? | In many countries, yes, with statutory maximums |
| Can you dismiss without notice? | Rarely. Most jurisdictions require some notice |
| Do employees keep their rights? | Yes. Discrimination protection applies from day one |
| Can probation be extended? | Sometimes, subject to local limits and the contract |
A defined period at the start of employment during which the employer assesses the new hire's performance and fit, and the employee assesses whether the role matches what they were told.
Three to six months is typical. Senior or specialised roles sometimes run longer where local law permits.
It is a two-way arrangement, not a one-way test. The employee is deciding as well.
Assessing fit. Interviews test how someone presents. Probation tests how they work, which is not the same thing.
Identifying training needs. Gaps that only appear in the actual role, while there is still structure around addressing them.
A defined decision point. A moment at which continuing employment is an active decision rather than a default. This matters more than the supposed ease of dismissal, which varies by country.
Learning the role properly. Time to understand the job, the processes and the expectations before being held fully to them.
Assessing the employer. Whether the job resembles the description and whether the culture works for them.
Structured feedback. Probation usually comes with more regular review than the job that follows, which is the point at which problems are still cheap to fix.
This is where the country matters, and where assumptions become expensive.
Many jurisdictions set a statutory maximum, and a contract exceeding it is unenforceable to that extent. Some tie the maximum to the type of contract or the seniority of the role. Some permit extension once, in writing, with reasons. Others do not permit extension at all.
In the US, at-will employment means probation carries little legal weight: dismissal is generally permitted with or without it, subject to discrimination law and any contract terms. That is the exception rather than the norm.
Check the position for each country you employ in. Requirements are in CountryPedia.
Usually, but rarely as simply as expected.
Most jurisdictions still require a notice period during probation, often shorter than the post-probation notice but not zero. Many require a reason. Some require a documented process even for a probationary dismissal.
Discrimination protection applies from the first day of employment everywhere. A dismissal during probation that relates to a protected characteristic is unlawful regardless of probationary status, and probation is not a defence.
One change worth tracking: the UK's Employment Rights Act 2025 reduces the unfair dismissal qualifying period to six months, expected during 2027. That materially changes the risk profile of dismissing someone late in a probationary period. See what is in force and what is coming.
More than most people assume.
Protection from discrimination. Applies from day one, in every jurisdiction with such laws.
Agreed pay and benefits. Salary and contractual benefits are payable during probation. Some statutory benefits have qualifying periods; many do not.
Clear expectations. The employer should set out duties, performance standards and how the assessment will work. In some countries this is a legal requirement rather than good practice.
Notice. Termination during probation generally still requires notice, and sometimes severance, depending on jurisdiction and contract.
Notice obligations continue after probation too. See our guide to notice periods.
Meet the standards that were set out. If they were not set out, ask for them in writing early rather than late.
Ask questions. Nobody expects full competence in month one. They do notice whether someone is learning.
Raise problems as they arise. A difficulty mentioned in week three is a conversation. The same difficulty mentioned at the review is a surprise.
Not with one policy.
A single global probation clause will be unenforceable in some markets, insufficient in others, and will create inconsistent treatment between employees doing the same job. The workable approach is a consistent internal process for assessment and feedback, with the contractual terms drafted to local law in each country.
An Employer of Record handles that part. We are the legal employer, so contracts reflect local requirements on probation length, notice and the grounds for termination, and they stay current as the rules change.
What stays with you is the actual management: setting expectations, giving feedback and making the decision.
We employ people on your behalf across 214 countries and territories, with contracts, payroll, benefits and compliance handled in each one.
Talk to our team about the countries you are hiring in.
Three to six months in most countries, sometimes longer for senior roles. Many jurisdictions set a statutory maximum, so the permissible length depends on where the employee works rather than on company policy.
Sometimes, depending on local law and the contract. Where extension is permitted it usually has to be agreed in writing before the original period ends, with reasons. Some countries do not allow it at all.
Rarely. Most jurisdictions require a notice period during probation, often shorter than the standard one. Some also require a reason and a documented process. Immediate dismissal without notice is generally reserved for gross misconduct.
Yes. Discrimination protection applies from day one, contractual pay and benefits are payable, and notice obligations usually apply. Probationary status limits some rights in some countries; it does not remove them.
Often shorter in practice, on the assumption that a proven professional needs less time to demonstrate competence. Whether that is permissible, and how short, depends on local law and the contract.
No, and this is the most common mistake made by employers hiring internationally. Maximum length, notice requirements, extension rules and grounds for termination all vary. A contract drafted for one country may be partly unenforceable in another.