The Probationary Period Is an Opportunity for Both Employer and Employee
Many employers mistakenly believe that the probationary period is the same as temporary employment under Norwegian law. That is not correct. The general rule is that all employment relationships are permanent from the very first day, unless the law provides a legal basis for agreeing otherwise.
The probationary period can be a valuable tool for employers, provided they understand what it entails and how to use it correctly.
The probationary period is not a temporary employment contract—it is a statutory right for employers to assess whether the employee is suitable for the position, based on broader criteria than those applied later in the employment relationship. As a rule, all employment contracts are permanent. This means that every employee is considered permanent from day one, unless one of the exceptions in the Norwegian Working Environment Act applies.
Temporary employment is permitted only in a limited number of cases, all of which are listed in the Working Environment Act. If the employment relationship does not fall under one of those exceptions—for example, a substitute position for a named person—then the employment is permanent, even if the parties have agreed otherwise. A permanent employment relationship continues from the date of hiring until terminated by either party.
What Is the Probationary Period?
The probationary period is a statutory right for employers to assess three specific aspects of an employee:
- professional competence
- adaptation to the work
- reliability
These three qualitative elements are used to determine whether the employment is a good fit. Dismissal still requires just cause, but the threshold is somewhat lower during the probationary period than later in the employment relationship.
It is important that the probationary period does not become just a passive observation period. The employee should receive concrete feedback, clear instructions, and well-defined goals.
The probationary period is not meant to be a “warm-up” for the real job. It is a defined period in which the employee must demonstrate mastery of their tasks, fit into the company culture, and follow given instructions. At the same time, the probationary period is also a six-month period in which the employer must show that the workplace is as promised—that it engages with its employees, provides sufficient and appropriate tasks, and makes expectations and requirements clear.
A Mutual Right to Step Back
The probationary period is, in practice, a mutual trial period.
With good planning and proper follow-up, the risk of a poor hire is significantly reduced. For the employer, the probationary period offers room to test candidates they may be unsure about, or wish to give a chance despite some mismatches. As long as agreements, goals, feedback, and efforts to give the employee the best chance of success are documented, the probationary period provides a genuine opportunity to reverse course.
It is a chance for both parties to walk away if the employment relationship turns out not to be the match they expected. It is important to remember that an employment relationship, like any other relationship, depends on both parties thriving and developing.
Our Key Advice Before Starting Employment: Do Your Groundwork Well!
- Job posting: Be specific and clear; avoid buzzwords.
- Test, test, and test again: Use the interview to test competence, and continue testing throughout the probationary period.
- Onboarding plan: Have a strategy for introductions—help the employee get to know the company and their tasks. Be crystal clear about expectations.
The Most Important Advice for the Probationary Period
- Feedback: Follow up with formal meetings and provide clear, honest messages.
- Documentation: Keep written records of employee performance, as well as the instructions, feedback, and information provided. Summarize conversations in an email.
- Collaboration: Plan activities that promote the employer’s expectations and support the employee’s areas for improvement.
Summary
The probationary period is an important phase to ensure that both employer and employee are satisfied with the employment relationship. When used correctly, it gives both parties a real opportunity to assess whether the relationship should continue. The key to a successful probationary period is clarity, structure, and documentation.
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