Terms of Employment (Information) Act 1994

F30[Maximum duration of probationary period

6D

6D. (1) Subject to this section, where an employee has entered into a contract of employment with an employer which provides for a probationary period, such period shall not exceed 6 months.

(2) The probationary period of a public servant shall not exceed 12 months.

(3) The probationary period referred to in subsection (1) may, on an exceptional basis, be longer where such longer period

(a) does not exceed 12 months, and

(b) would be in the interest of the employee.

(4) Subject to subsections (3) and (5) where, on the commencement date an employee (other than a public servant) is subject to a probationary period which exceeds 6 months and the employee has completed at least 6 months of his or her probationary period, the probationary period shall expire on the earlier of

(a) the date on which the probationary period was due to expire, or

(b) the 1st day of February 2023.

(5) Where, in accordance with a specified provision, an employee is absent from work during the probationary period, such period shall be extended by the employer for the duration of the employee’s absence.

(6) In this section

"commencement date" means the date on which the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022) come into operation;

"public servant" has the same meaning as it has in Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

"specified provision" means:

(a) section 25(1) of the Maternity Protection Act 1994;

(b) section 15 (6) of the Adoptive Leave Act 1995;

(c) section 14 (3) of the Parental Leave Act 1998;

(d) section 13(5) of the Carer’s Leave Act 2001;

(e) section 19 (3) of the Paternity Leave and Benefit Act 2016;

(f) section 18(3) of the Parent’s Leave and Benefit Act 2019;

(g) section 11 (3) of the Sick Leave Act 2022;

(h) any other statutory provision providing that probation shall

(i) stand suspended during an employee’s absence from work, and

(ii) be completed by the employee on his or her return from work after such absence.]

Annotations:

Amendments:

F30

Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 10.

Modifications (not altering text):

C12

Application of section restricted by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 9A, as inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 14.

[Probation periods

9A. (1) Notwithstanding section 6D of the Terms of Employment (Information) Act 1994, where a fixed-term employee has entered into a fixed-term contract with an employer which provides for a probationary period, the length of such probationary period shall be proportionate to the expected duration of the fixed-term contract and the nature of the work.

(2) Where an employer proposes to renew a fixed-term contract for the same functions and tasks, the fixed-term contract shall not be subject to a new probationary period.

(3) A word or expression that is used in this section that is also used in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 201910 on transparent and predictable working conditions in the European Union has, unless the contrary intention appears, the same meaning in this section that it has in that Directive.]