That Will Soon Become Much More Important
When hiring a new employee, the rules regarding the Probation Clause may differ from what you are used to.
Why is a probationary period important for employment relations?
The probationary period is well known to all parties involved in an employment relationship. Its main purpose is not only to allow the employer to assess whether the employee in fact possesses and can apply the skills and competencies indicated in their CV. It also allows the employee to confirm whether the workplace, working conditions and functions performed meet their expectations. This legal instrument is therefore beneficial to both parties to the employment relationship.
At present in Lithuania, the maximum probation period is 3 months. It may seem that such a period gives both parties sufficient time to assess whether the employment relationship is successful and worth continuing, and if one of the parties decides not to continue, the contract can be terminated. Please note that when the employer terminates an employment contract during the probation period due to unsatisfactory probation results, the employer must substantiate the reasons for such a decision, especially if an employment dispute arises. By contrast, an employee who decides to leave during the probation period is not required to state the reasons for such a decision.
Foreign tendencies have caught up with Lithuania
In some countries, longer probation periods are applied. From 1 November 2026, a longer probation period will also be possible in Lithuania. For employees whose salary is at least two average monthly wages (VDU), the employment contract may provide for a probation period of up to 6 months. In 2026, the average monthly wage (VDU) in Lithuania is EUR 2,312.15 (gross). The aim of this amendment is to give employers more time to assess whether highly qualified specialists, managers or other employees in strategically important positions are suitable for their roles.
What will remain unchanged?
The 6‑month probation period will be subject to essentially the same rules as the 3‑month probation period. The probation period cannot be extended, neither during the period nor after it has ended. The parties must agree on the probation period at the time of concluding the employment contract. If the employment contract is terminated at the employer’s initiative due to unsatisfactory probation results, the employer must justify why the employee did not meet expectations, especially in the event of an employment dispute. Periods of temporary incapacity for work, holidays or other important reasons are not counted towards the probation period.
Practical questions
- Can I set a new probationary period for an employee who changes positions internally within the company?
- If a fixed-term contract is signed, is the new probationary period shortened?
Have you encountered these or similar questions and cannot find the answers?
| Feel free to contact us → jolanta.zupkauskaite@lynx.legal We will be happy to help you find all the answers and work through any issues. |
Author: Jolanta Zupkauskaitė, Senior Associate, LYNX (Lithuania)