Probationary periods and performance management via EOR in Eastern Europe: Legal framework
- Natia Gabarashvili
- 3 days ago
- 15 min read
Table of contents:
TL;DR
Probation in Eastern Europe is not a casual test period.
It is a regulated legal phase that must be written correctly, timed correctly, and backed by documented performance management.
Employees keep full rights during probation.
Termination is possible, but only with proper notice and evidence.
Every country in the region has its own rules on duration, protected groups, and process.
Team Up, as your Employer of Record provider in Eastern Europe, designs country-specific contracts, KPIs, review schedules, and termination workflows across Poland, Romania, Bulgaria, Hungary, the Czech Republic, Slovakia, and the Baltics.
You get one hiring engine. The legal details stay our headache, not yours.
Probationary periods via EOR in Eastern Europe
Hiring in Eastern Europe looks simple until you hit your first probation clause.
Poland allows one structure. Romania another. Bulgaria adds a twist. The Baltics treat documentation like gospel. If you’re hiring through an EOR, you need to understand how the probationary period in Eastern Europe actually works, not what people assume it works like.
Because in this region, probation isn’t a casual “try before you buy” period. It’s a tightly regulated legal phase that must be written, timed, documented, and managed with country-specific accuracy. One incorrect duration or missing notice period, and your so-called probationary hire becomes a permanent employee by default.
Team Up handles this complexity every day.
We help global companies hire across Poland, Romania, Bulgaria, Hungary, the Czech Republic, Slovakia, and the Baltics with a single, compliant process that respects every local labor code.
Let’s walk through how probation really works and how performance management must be structured so nothing breaks during onboarding in Eastern Europe.
Understanding probation periods under Eastern European labor laws
You cannot treat Eastern Europe as a single block when it comes to probation.
The region shares some patterns, but the specifics matter, and local labor inspectors will enforce them. Below is what probation actually looks like across the main hiring markets.
Central Europe (Poland, Czech Republic, Slovakia, Hungary)
Central Europe tends to be structured, documentation-heavy, and strict about contract wording.
Probation Period via EOR in Poland
Poland allows probation up to three months, with different notice periods depending on the duration of the probation contract:
2-week probation = 3-day notice
1-month probation = 1-week notice
3-month probation = 2-week notice
Poland has one of the most formal termination structures in the region. If your notice period isn’t written correctly, you cannot rely on it.
Probation Period via EOR in the Czech Republic
Probation: 3 months for standard roles
Up to 6 months for management
Must be written and signed before employment starts
Termination allowed but must be in writing
A missing signature invalidates the probation clause entirely.
Probation Period via EOR in Slovakia
Very similar to the Czech Republic, with the same 3-month and 6-month structure.
Probation Period via EOR in Hungary
Max probation: 3 months, unless extended by a collective agreement
Termination: no justification required, but the notice must be written
Hungary appears flexible but still expects proper documentation in case of disputes.
Southeastern Europe (Romania, Bulgaria)
Probation Period via EOR in Romania
Romania is strict and structured.
Probation: 90 days for regular employees
120 days for management
Prohibited for certain protected categories
Termination must be communicated in writing
If documentation is inconsistent, Romanian courts will side with the employee.
Probation Period via EOR in Bulgaria
Probation up to 6 months, but only if the contract says “in favor of the employer.”
If this clause is missing, probation is shared, meaning the employee can also terminate with short notice
This is one of the most misunderstood rules by foreign companies.
Baltics (Estonia, Latvia, Lithuania)
Baltics are clean, strict, and documentation-oriented.
Probation Period via EOR in Estonia
Probation up to 4 months
Termination must cite performance or behavior grounds
The employer must prove that the feedback was communicated
Probation Period via EOR in Latvia
Probation up to 3 months
Cannot apply probation to minors or certain protected groups
Employer must document every concern
Probation Period via EOR in Lithuania
Probation up to 3 months
High emphasis on written performance criteria
Wrongful termination triggers compensation penalties
Baltic labor inspectors expect employers to maintain a transparent written trail.
Shared regional patterns
Across Eastern Europe, three rules never change:
Probation must be written. If it’s not in the contract, it does not exist.
Employees keep full rights during probation. Salary. Sick leave. Holidays. Social contributions.
Termination requires a proper written notice. A WhatsApp message or Slack conversation is not a notice.
These patterns are also why EOR is so valuable for global employers. One region. Ten different legal interpretations. One partner that fixes the messy parts.
Why probation matters when hiring through an EOR in Eastern Europe
Probation is a legal period, not a “trial run.” And because every country has its own rules, an Employer of Record services in Eastern Europe isn’t optional; it’s your compliance shield.
Here’s how Team Up makes probation safe and consistent across the region.
1. Country-specific contract drafting
Every single Eastern European market requires its own legal language:
Poland: Polish + English
Romania: Romanian + English
Bulgaria: Bulgarian + English
Czech Republic and Slovakia: Czech/Slovak + English
Baltics: Estonian/Latvian/Lithuanian + English
One-size contracts fail instantly. Team Up drafts bilingual contracts that pass local court scrutiny.
2. Correct probation durations
Team Up prevents you from:
Setting 6 months in Poland (illegal),
Setting 4 months in Latvia (invalid),
Forgetting to specify “in favor of the employer” in Bulgaria (probation becomes mutual).
We encode the exact max duration allowed by each labor code.
3. Structured, measurable KPIs
Eastern European courts expect:
measurable targets
clear job expectations
written performance notes
Team Up builds KPI sets that match the job, country, and classification.
4. Review reminders and documentation
Probation isn’t valid without documentation. We manage:
30-day review
mid-probation review
final evaluation
local-language documentation storage
This is the evidence that protects your termination rights later.
5. Termination notices that follow local rules
Every country requires written notice, but the rules differ:
Poland assigns notice based on length of probation
Bulgaria requires specific wording
Estonia requires a justification connected to performance
Team Up drafts the exact letters required so your termination holds up legally.
Structuring a legally compliant probation period via EOR
Employer of Record Compliance in Eastern Europe depends on how the probation is written, filed, communicated, and documented. Team Up standardizes that process.
Here’s what goes into a legally airtight probation setup.
1. Written clause using correct legal language
Every probation period must include:
duration
scope
evaluation method
review frequency
notice procedure
conditions for early termination
Courts look at the exact language, not your intentions.
2. Legally accurate duration
Team Up sets the correct duration automatically:
Poland: max 3 months
Romania: 90–120 days
Bulgaria: up to 6 months if “in favor of employer”
Baltics: 3–4 months
Hungary, Czech Republic, Slovakia: 3 months (6 for managers)
No accidental violations.
3. Job-specific evaluation criteria
We define:
KPIs
measurable performance outcomes
attendance expectations
communication standards
role-aligned metrics
Otherwise, your “performance issue” is not legally defensible.
4. Bilingual contract formatting
Local-language versions always override translations. Team Up ensures they match perfectly.
5. Registration with authorities
Depending on the country, we handle:
Social Security registration
Tax authority onboarding
Digital employment file creation
If government systems aren’t updated correctly, probation becomes messy.
6. Documented onboarding
Courts want proof the employee understood:
Duties
Standards
KPIs
Probation length
Team Up records every step, creating a clean audit trail.
Performance management during the probation period in Eastern Europe
Probation in Eastern Europe is not just “time in role.” It is an evaluation period that has to be backed by a performance story you can actually prove. Courts and labor inspectors across Poland, Romania, Bulgaria, Hungary, the Czech Republic, Slovakia, and the Baltics all expect one thing. A clear link between what you asked the employee to do and what you documented they did.
That is performance management during probation.
It starts before day one. If the job description is vague or the KPIs are generic, you have already lost half the argument in a future dispute.
What “real” performance management looks like in practice
Across Eastern Europe, a compliant performance process during probation usually includes:
A written job description that matches local classification standards
A probation plan with clear objectives and a timeline
Regular check-ins with notes, not just chats
A final written evaluation, shared with the employee
Team Up builds this into every EOR engagement by default.
Central Europe: structure with teeth
Poland, the Czech Republic, Slovakia, and Hungary all lean toward rules and paperwork.
In these countries, a typical probation management flow looks like:
Week 1–2: onboarding and expectations: The manager walks through duties, tools, metrics, and working norms. We record that the conversation happened and share a written summary with the employee.
Month 1: first formal review: We ask simple questions. Are they delivering what the job requires? Are they available when they said they would be? Are they picking up the systems? Feedback is written, not implied.
Mid-probation review: This is where employers often fall asleep. Central European courts do not like surprise terminations. If something is not working, this is where it should show up on paper, with specific examples.
Final decision: confirm or terminate. At the end of probation, the file should show a story. Expectations, progress, and a clear decision. Not “no notes, then suddenly fired.”
Romania and Bulgaria: documentation and fairness front and center
In Romania, judges will look at the probation period as a mini case study. Did the employer communicate expectations?
Did they react proportionally when problems appeared?
Was the employee ever told, in writing, that they were not meeting the bar?
In Bulgaria, a long probation “in favor of the employer” does not mean you can move randomly. If you want to end it, you still want written notes. Dates. Facts that match the job description.
Team Up gives you that, without asking your hiring manager to become a local labor lawyer.
Baltics: transparency and objectivity
In Estonia, Latvia, and Lithuania, performance management is about clarity.
If the employee is underperforming, you should be able to show:
The specific task or KPI that failed
The date it was discussed
The feedback given
Whether any support or correction was offered
“Vibe-based” evaluations do not survive scrutiny here.
How Team Up plugs into your performance process
We do not replace your managers. We make them legally safe.
Team Up:
Helps define role-specific KPIs that work in Poland and still make sense in Romania or Estonia
Sets up a probation review cadence that fits each country’s norms
Creates bilingual performance templates that can be used in disputes
Stores all reviews and feedback records in a way that matches local retention expectations
So when you do have to end a relationship during probation, you are not scrambling for screenshots and half-remembered conversations.
Termination rules during probation in Eastern Europe
Termination during probation is possible in every Eastern European market, but it is not a “free kill switch.” The laws give you some flexibility, but they also give employees procedural protection.
If termination is on the table, three things matter across the region.
Did you respect the maximum probation length?
Did you follow the local notice rules?
Can you show a reasonable performance or behavior record.
How termination works country by country
Poland
In Poland, timing is everything. Notice periods during probation depend on the length of the probation agreement itself. That means:
very short probation contracts get very short notice,
longer probation contracts lock you into longer notice.
End the contract with the wrong notice and you step right into a non-compliance question.
Team Up calculates and drafts the correct notice based on the actual contract term, not guesswork.
Czech Republic and Slovakia
In these countries, termination during probation is allowed, but:
It must be done in writing,
It cannot violate anti-discrimination rules,
And if the employee challenges it, the court will still look at the circumstances.
It is common for employers to believe they do not need to justify anything. That is technically true, but in practice, if the dismissal looks like retaliation or bias, the absence of documentation becomes a problem.
Hungary
Hungary allows termination during probation without giving a reason in the notice. That does not mean “reasonless.” It just means you do not need to include it in the letter.
Behind the scenes, you still want:
a documented performance trail,
proof that expectations were communicated,
and internal notes that explain the decision.
Team Up ensures that if anyone ever asks, “Why was this person fired?” the answer is not “we do not know.”
Romania
Romania expects a more structured approach. If someone is let go during probation, a judge will ask:
Was this person ever warned?
Were they ever given feedback?
Was the decision consistent with their documented performance?
If the company has no paper trail, it looks arbitrary. Arbitrary and compliant rarely go together.
Bulgaria
In Bulgaria, termination during probation is easier if the contract clearly states that the probation is “in favor of the employer.” Without that phrase, the employee might have the same right to walk away quickly.
Even then, we still draft a proper written notice and align the timing and formalities with Bulgarian requirements.
Baltics
In Estonia, Latvia, and Lithuania, written termination is mandatory. But regulators will look at:
the timeline of performance issues,
whether the employee could see this coming,
and whether the grounds were valid and non-discriminatory.
Team Up handles all of this quietly in the background. You see a simple checklist. We handle the legal engineering for each country.
Employee rights during probation in Eastern Europe
Probation does not downgrade a worker’s status in Eastern Europe.
The employee is still an employee. The probation label only affects how the relationship can be ended, not whether basic rights apply.
If you treat probationary staff like “not quite real employees yet,” you are already offside in most of this region.
What probationary employees are entitled to
Across Eastern Europe, probationary period employees generally have:
Full salary as per the contract
Paid public holidays
Annual leave accrual from day one
Sick leave, once properly certified
Social security and pension contributions
Protection from discrimination and harassment
Access to internal complaint and grievance channels
The exact formulas differ per country, but the principle is stable. No system allows you to dodge these by calling the period “probation.”
Examples of what you cannot do during probation
Pay a lower “trial” wage that is not in the contract.
Remove public holidays or treat them as unpaid test days.
Deny sick leave just because “they are not permanent yet.”
Avoid registering them with local tax and social systems.
Fire a pregnant employee and pretend probation status makes it fine.
Team Up blocks these mistakes at the policy level. We set minimum standards that match the strictest local interpretation, then let you layer your culture on top.
Common mistakes foreign employers make in Eastern Europe
Here is where it usually goes wrong. Not in the big strategic decisions. In the small legal details that pile up into risk.
Mistake 1: Copy-pasting one contract across ten countries
A single Eastern European “master contract” used for Poland, Romania, Bulgaria, the Czech Republic, Hungary, Slovakia, and the Baltics is almost guaranteed to break something. Duration, notice, language, or probation scope will be wrong somewhere.
Team Up uses country-specific templates, even when you only see one onboarding flow.
Mistake 2: Setting the wrong probation duration
Classic examples.
Giving someone a 6-month probation in Poland.
Adding 4 months in Latvia when the local cap is lower.
Forgetting that management roles may have different limits than junior staff.
The result. Your clause becomes unenforceable, and the employee is effectively permanent.
Mistake 3: Assuming “no justification needed” means “no justification exists.”
In some countries, you do not have to state the reason in the letter. That does not mean the reason does not matter.
If the employee goes to court and alleges discrimination, retaliation, or harassment, your lack of internal documentation is a problem.
Mistake 4: Ignoring protected groups and special rules
Certain categories of workers either cannot be placed on probation or require extra care. Depending on the country, that can include:
pregnant employees,
young workers,
employees with disabilities,
union representatives.
If you misapply probation here, you are not just non-compliant. You are inviting a direct legal challenge.
Mistake 5: No written KPIs or feedback
“I told them in a meeting” is not evidence.
If you want to terminate on performance grounds, there should be:
written objectives,
dates of feedback conversations,
examples of missed targets,
notes showing the employee was aware of the problem.
Team Up’s templates and reminders stop this from becoming an afterthought.
Mistake 6: Wrong or missing termination notice
Late notice. Wrong length. Sent informally. All common.
We handle timing, content, and method of delivery so you are covered if the decision is challenged.
Mistake 7: Delayed registration with authorities
Some employers like to “wait and see” before registering probationary staff with tax or social systems. Eastern Europe does not like that. In many countries, registration must be done before or on the first working day.
As an EOR, Team Up registers employees from day one. No gaps.
Conversion to full-time employment in Eastern Europe
When someone passes probation, that fact should not just live in a Slack message. It should exist in your legal and payroll reality.
What changes when probation ends
Across the region, full-time conversion usually triggers:
confirmation of permanent status
updated HR records
removal of probation-specific clauses
longer notice periods in case of future termination
possible benefit enhancements
In practice, this means new paperwork and system updates.
How Team Up manages the transition
For each country, Team Up:
issues a bilingual confirmation letter where local practice expects it
updates the employment file and HRIS status
adjusts payroll classifications and internal tags
ensures tax and social contributions reflect long-term status
updates managers on any changes in notice rules or obligations
So a probation success becomes a clean legal status, not a messy half-documented milestone.
Scaling performance management beyond probation
Probation is the opening chapter, not the whole book. If you only document performance during those first three or six months and then stop, you lose the legal foundation you need for promotions, pay changes, and future exits.
Why long-term documentation matters
Eastern European authorities and courts care about:
How do you justify pay gaps?
How do you justify promotions?
How do you justify dismissals down the line?
If your performance records disappear after probation, everything becomes “manager opinion vs employee opinion.”
Team Up’s role after probation
We do not vanish when an employee becomes permanent.
We help you maintain:
annual review cycles that reflect local practice,
written performance summaries in the local language,
structured documentation for performance improvement plans,
compliant warning formats, when needed,
secure storage of all this data within the correct jurisdiction.
This gives you continuity. It also gives you options when the business changes and you need to restructure.
Final takeaways
If you are hiring in Eastern Europe, here is the reality.
Probation must be written, timed correctly, and country-specific.
Employees retain full rights during probation. No shortcuts.
Termination during probation is only safe when supported by documentation.
Each country has its own maximum durations, notice rules, and protected groups.
One generic contract is a liability, not a convenience.
Real performance management is legal infrastructure, not just HR hygiene.
Team Up handles the contracts, reviews, notices, and filings so you can scale across Eastern Europe without memorizing every local rule.
This region rewards employers who take compliance seriously and punishes those who “wing it.”
Team Up exists so you never have to wing it.
Frequently asked questions (FAQ)
1. What is the probationary period in Eastern Europe under local labor laws?
The probationary period in Eastern Europe is a legally defined evaluation phase that allows employers to assess performance before confirming full employment. The rules vary. Poland allows up to three months. Romania allows 90–120 days, depending on the role.
The Baltics often cap probation at three months unless seniority justifies more. Every country requires the probation period to be written in the employment contract, or it does not legally exist.
2. Do employees in Eastern Europe have full rights during probation?
Yes. Across Poland, Romania, Bulgaria, Hungary, Czech Republic, Slovakia, and the Baltics, probation does not limit employee rights. Probationary workers receive:
full salary,
paid public holidays,
annual leave accrual from day one,
paid sick leave,
social security and pension contributions,
anti-discrimination protections. Probation affects notice periods and flexibility, not rights.
3. How does termination work during a probationary period in Eastern Europe?
Termination is allowed in every jurisdiction, but each country has strict rules. Poland requires notice based on contract length.
Bulgaria requires the “in favor of the employer” phrase for simplified termination. Romania expects documented performance concerns.
Czech Republic, Slovakia, Hungary, and the Baltics require written notice and fair, non-discriminatory procedures. Without documentation, courts often side with the employee.
4. Does an employer need to justify termination during probation?
Technically, not always. Practically, yes. Even in countries that allow “no justification required,” such as Hungary, employers must still provide internal documentation if a dispute arises. Courts will ask: “Was this decision fair, consistent, and non-discriminatory?” Team Up maintains the documentation you need.
5. How long is the standard probationary period in Eastern Europe?
It depends on the country:
Poland: up to 3 months
Romania: 90 days for standard roles, 120 days for management
Bulgaria: usually 3–6 months
Czech Republic: up to 3 months for regular roles, 6 for senior
Hungary: typically 3 months
Baltics: usually 3 months
Anything beyond these limits becomes legally invalid.
6. What does performance management look like during probation in Eastern Europe?
Performance management must be:
written,
structured,
measurable,
communicated in advance,
documented consistently.
Courts and labor inspectors expect clear KPIs, mid-probation reviews, and a final evaluation. Verbal expectations are not enough. Team Up sets KPIs, timelines, written templates, and bilingual documentation tailored to each country.
7. What mistakes do foreign employers commonly make in Eastern Europe?
The main ones:
using one contract across 10 different countries
setting illegal probation durations
English-only contracts
vague KPIs and undocumented feedback
late or incorrect termination notices
applying probation to protected categories
Failing to register employees with tax/social authorities from day one, Team Up eliminates these risks by handling every compliance layer.
8. How does an Employer of Record (EOR) manage probation compliance in Eastern Europe?
An EOR manages the entire lifecycle:
drafting legal, bilingual probation clauses
registering employees with tax and social bodies
setting KPIs aligned to each country’s labor code
implementing review checkpoints
documenting all feedback and decisions
issuing compliant termination notices
Converting employees to full-time status after probation, Team Up does all of this across every Eastern European jurisdiction.
9. Can a probationary period be extended in Eastern Europe?
It depends on the country. Some jurisdictions, like Bulgaria, allow extensions if written properly. Others, like Poland and Romania, do not permit any extension beyond the statutory limits. If you extend probation illegally, the employee becomes permanent automatically. Team Up ensures timeframes follow local law.
10. Why should companies use an EOR like Team Up when hiring in Eastern Europe?
Because Eastern Europe is not a unified legal zone. It is a patchwork of strict, country-specific labor codes where small mistakes become major liabilities. An EOR like Team Up protects employers by:
ensuring correct probation durations
drafting accurate, bilingual contracts
documenting performance properly
managing compliant termination
handling conversion to full-time status
shielding companies from administrative and legal exposure
You focus on performance. We handle the law.
