Probation periods in Finland: a guide for employers

A probation period in Finland gives the parties a limited time to assess whether the employment and work are suitable. It remains an ordinary employment relationship, not unpaid or discounted work. The main rules are in Chapter 1, section 4 of the Finnish Employment Contracts Act.

Settle the clause and maximum length before the employee starts. Coordinate it with the rest of the employment contract and any applicable collective agreement.

How a probation period is agreed

Probation does not arise automatically under Finnish law. The parties must agree it before work begins. Put the clause in the signed employment contract so that the agreement, duration and intended start point can be shown later.

The employer must also provide statutory written information on any probation period. That duty is separate from agreement: an information document cannot create a probation period that the parties never agreed.

If a collective agreement binding on the employer contains a probation provision, the employer must notify the employee of its application when the employment contract is concluded. Check the collective agreement for both the permitted duration and any procedural requirements. Avoid stating an exact final date in the contract unless it has been checked carefully; absences and statutory rules can affect the calculation.

Maximum length and fixed-term contracts

The ordinary maximum is six months, counted from the day the employee actually starts work rather than the contract-signing date. The parties may agree a shorter period. A clause exceeding the statutory maximum does not create a longer statutory probation right.

You cannot use probationary termination before the employee has started work. Record the actual start date and calculate the last day of probation; signing the contract earlier does not start the clock.

For a fixed-term contract, probation including permitted extensions may not exceed half the duration of the contract and may never exceed six months.

Fixed-term contract	Maximum probation
4 months	2 months
6 months	3 months
12 months	6 months

This half-term rule is easy to miss in standard clauses. A contract lasting exactly 12 months can allow six months’ probation; it need not last more than a year.

There is also a specific rule for agency work. If a worker is hired by the user company after an agency assignment and performs the same or similar duties, the time already spent assigned to that company is deducted from the statutory maximum probation period.

Extending probation for absence

An employer may extend probation where the employee has been absent during it because of incapacity for work or family leave. The extension is one month for each 30 calendar days included in qualifying absence periods. Count calendar days within the relevant absences; two calendar months of absence do not necessarily equal 60 qualifying days.

The extension is not automatic. The employer must notify the employee of it before the probation period expires. Keep a record of the absence days, calculation, new end date and date of notification. In an indefinite contract, a lawful statutory extension can take probation beyond the ordinary six-month period. In a fixed-term contract, the original period and extensions together remain subject to both the half-term limit and the six-month maximum.

Absence and termination are different issues. Incapacity or family leave may support an extension, but does not itself justify ending employment. Nor is discrimination automatically presumed merely because termination occurs while an employee is ill; assess the facts and stated reason.

Ending employment during probation

Either party may end the employment contract during probation without the ordinary notice period. A valid probationary termination therefore differs from ordinary dismissal and generally takes effect without waiting for the applicable notice period. It is nevertheless regulated: the contract may not be ended on discriminatory grounds or on grounds otherwise inappropriate in relation to the purpose of probation.

The employer’s reason should relate genuinely to assessment during probation, such as the employee’s performance, conduct or suitability. Review the evidence and any connection to protected characteristics, health, pregnancy or family leave.

Before deciding to terminate, the employer must give the employee an opportunity to be heard about the reasons. The employee may use an assistant. Consider the response before deciding, and check whether the applicable collective agreement requires additional steps.

The employer should state the termination clearly and record the ground, decision date and intended end date. If the employee asks, the employer must provide the end date and known reasons in writing without delay.

Delivering the termination notice on time

Personal delivery is the primary method. If that is not possible, the notice may be sent by letter or electronically. Keep evidence of why personal delivery was not possible, when the notice was dispatched and when it reached the employee.

Under a special timing rule, a postal or electronic notice dispatched before probation expires can satisfy the requirement to act during probation even if received later. Do not wait until the final day: receipt and the effective end date can still raise separate questions.

Can the same employee have another probation period?

Previous employment creates neither a universal ban nor an automatic right to repeat probation. If the employer has already assessed the employee meaningfully in the same or similar work, a new clause is harder to justify.

In KKO 2009:35, the Supreme Court allowed a new probation period where the earlier employment had lasted less than two months and there had then been a break of approximately eight months. The decision is fact-specific; it does not authorise a fresh probation clause whenever a new contract is signed.

A substantially changed role may justify considering a new assessment period, but it is not an automatic entitlement. Where the original employment continues, a probation clause for new duties should not be assumed to create a right to end the entire underlying employment relationship. Obtain advice before using such a structure.

Pay, benefits and related clauses

An employee on probation has normal employment rights and obligations. Salary, holiday accrual, working-time rules, occupational health arrangements and collective-agreement terms apply. Probation does not make work free or automatically justify lower pay.

Other clauses remain separate. For example, a post-employment restriction must satisfy the rules explained in the guide to non-compete agreements in Finland. Ending employment during probation does not automatically determine whether such a restriction is valid or enforceable.

An employer’s practical checklist

1. Agree probation before work starts and record the clause in the employment contract.
2. Check the statutory maximum, fixed-term half limit and relevant collective agreement.
3. Calendar the expiry date and monitor qualifying absence days.
4. Give any extension notice before the current probation period expires.
5. Before termination, assess the reason and give the employee an opportunity to be heard with an assistant.
6. Use a provable delivery method and document the decision and timing.

I can help you review a probation clause, calculate a proposed extension or assess a planned termination. Read more about my employment-law services.

Frequently asked questions

How long can a probation period be in Finland?

The ordinary maximum is six months from the start of work. In fixed-term employment, probation including extensions may not exceed half the contract term or six months, whichever is shorter.

Does a probation period arise automatically?

No. The parties must agree it before work begins. The employer’s written information duty does not by itself create an agreed probation period. A binding collective-agreement provision must be notified when the contract is concluded.

Can sickness absence extend probation?

The employer may extend probation by one month for each 30 calendar days included in qualifying incapacity-for-work absences. The employer must notify the employee before probation expires, and fixed-term limits still apply.

Is there a notice period for probationary termination?

A valid probationary termination generally takes effect without the ordinary notice period. However, the ground cannot be discriminatory or otherwise inappropriate in relation to the purpose of probation, and an employer must follow the hearing requirements.

Can probation be agreed again with a former employee?

Sometimes, but not automatically. The earlier employment’s length, the interval, the similarity of the work and whether the employer has already assessed the employee are relevant. Supreme Court case KKO 2009:35 was decided on its particular facts.

Sources and further information

• Employment Contracts Act (55/2001), particularly Chapter 1, section 4; Chapter 2, section 4; and Chapter 9, sections 2, 4 and 5 (current Finnish text).
• Supreme Court KKO 2009:35 (repeated probation after earlier short employment and an intervening break; Finnish).

English adaptation prepared on 10 October 2026, based on the Finnish guide reviewed in July 2026. The legal sources were checked on 10 October 2026. This guide concerns private employment relationships and provides general information, not advice on a specific situation.