Employment after university: is the probation period legal for young specialists
During the martial law period, employers in Ukraine can establish a probation period when hiring for any category of employees, including those for whom the law normally prohibits it.
As explained by the State Labor Service of Ukraine, according to the general rules defined by Article 26 of the Labor Code of Ukraine, probation is not established when hiring certain categories of employees. In particular, this applies to young specialists after graduating from higher education institutions.
At the same time, special provisions of the Law of Ukraine "On the Organization of Labor Relations under Martial Law" No. 2136-IX dated March 15, 2022, are in effect during the martial law period.
According to Article 2 of this law, when concluding an employment contract, the employer has the right to set a probation condition when hiring for any category of employees.
Thus, during the martial law period, the employer can assign a probation period even to a young specialist after completing studies at a higher education institution.
As previously written by the "Judicial and Legal Newspaper", when hiring, the employer can set a probation period to check the professional suitability of the employee, their ability to perform job duties, and interact within the team. As stated in Article 26 of the Labor Code of Ukraine (LCU), establishing probation is the employer’s right, not an obligation. It applies only by mutual agreement of the parties and must be recorded in the order (directive) of hiring, as well as in the employment contract. By signing the order, the employee confirms agreement with this condition.
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