Resignation During Probation Period was Rendered Void
It is very common agree upon a probation period for the initial 6 months of employment. The probation period exists to let both the employer and the employee discover whether they are a good fit.
Both the employer and the employee have the opportunity to terminate the employment during the probation period. A resignation during the probation period from the employer must however satisfy certain criteria to be valid. The employee has, in other words, protection against unfair resignation also in the probation period.
For a resignation by the employer to be valid during the probation period, it has to be based on the employee’s adaptation to the work, excellence in the field, or reliability. A resignation based on other conditions will be void.
The Employee must Receive Training and Supervision for a Resignation to be Valid
When considering whether a resignation during the probation period is eligible, it must be taken into consideration that a new employee will have a need for time to adapt and for training. If the employee does not receive the necessary training and supervision to better fit into the work situation, a resignation based on lack of adaptation or skills within the field may be rendered void.
Proceeding Criteria Following a Resignation in the Probation Period
For resignations made during the probation period the same proceeding criteria are required as with any other resignation. This includes the criterion of a meeting to discuss the resignation, and that the resignation letter must be written accordingly to the required form.
Showed Minimal Effort in the Work – was Fired
In a case recently heard a resignation given in the probation period was rendered void. A woman was employed as a salesperson in a small firm. She received a warning from the management that her effort in the work, as well as her collaboration with her colleagues, was unsatisfactory. A few weeks later she was fired. In the resignation it was shown that her activity levels were not high enough, and that she had a poor attitude.
In the letter of resignation it was referred to the woman showing a lack of effort in the job, ‘followed by poor results’ and that she had been challenging to collaborate with ‘due to a poor attitude and deficient and delayed reports’. This resignation did, according to the Court, leave uncertainty in terms of controlling whether there was evidential cover for the specific circumstances of which the firm’s decisions were built upon. This shows that a resignation made in the probation period cannot be too generally formulated, and must refer to conditions which can be controlled at a later stage.
Resignation in the Probation Period was Rendered Void
Considering whether the decision was void it was additionally stated that there were no evidence of the firm taking any form of measures following the warning. This was, according to the Court, an error by the employer, as an employee should have been given a clear warning about how to improve before a potential resignation was made.
The resignation was rendered void and the woman was awarded compensation. The compensation was made for about 100 000 NOK.
Do you have any questions regarding resignation in the probation period?
Contact Osloadvokatene by barrister Kjersti Bolstad
Telephone 905 93 204, email kjersti.bolstad@advokat.no
Related cases:
Which rules apply for probation time on the job market? (Norwegian)
Formal criteria for resignation (Norwegian)