What Is a Probation Period? Differences from Trial Career Changes & Your Rights [Complete Guide]
When you've landed a new job and are about to start at a new workplace, most companies have a "probation period" in place. Approximately 87% of companies implement probation periods, making it a system that nearly every job changer encounters. However, surprisingly few people properly understand their rights during probation or the rules around rejection of permanent employment.
This article provides a detailed guide covering probation period fundamentals, how it differs from the increasingly popular "trial career change" concept, and the worker rights you should know during probation. Whether you're planning a career change or currently in a probation period, read on for essential information.
A probation period is a timeframe during which a company evaluates a newly hired employee's abilities, aptitude, and work attitude to determine whether to confirm permanent employment. It exists because document screening and interviews alone cannot fully assess practical job fitness or whether someone will adapt to the workplace culture.
Probation periods can be applied to all employment types — not just full-time employees, but also contract workers and part-timers. For full-time positions that assume long-term employment, companies tend to implement probation periods more rigorously to carefully assess fitness.
While there's no legally mandated duration, probation periods are most commonly set at 3 to 6 months. The shortest may be 1 month, with most not exceeding 1 year. Excessively long probation periods beyond 1 year may be deemed invalid as they destabilize the worker's employment status, potentially violating public policy.
Even during a probation period, a legitimate employment contract exists between the company and worker. The misconception that "probation is a provisional contract" or "the real contract only begins at permanent hire" is incorrect. Legally, it's classified as an "employment contract with reserved right of cancellation," where the employer retains a broader-than-usual right to terminate the contract (reject permanent employment).
However, having a reserved cancellation right doesn't mean the company can freely dismiss or reject permanent employment. Under Article 16 of the Labor Contract Act, rejection of permanent employment is invalid as wrongful dismissal unless there are "objectively rational reasons" and "social appropriateness."
Workers are guaranteed various rights even during probation. Here are the most important points.
Enrollment in social insurance (health insurance, employees' pension) and employment insurance is mandatory during probation if eligibility requirements are met. Claiming "we don't enroll probationary employees" is illegal — enrollment procedures must begin from the first day of employment. If told you're not covered during probation, raise the issue with your company.
Probation period salaries may be set lower than post-confirmation levels. While this isn't illegal per se, wages cannot fall below the minimum wage. Working conditions during probation (salary amount, allowances, etc.) must be disclosed in writing before starting. If these aren't specified in the job listing or employment contract, always confirm beforehand.
The probation period counts toward annual paid leave calculation. Work days are counted from the first day of probation, and paid leave is granted after 6 months of continuous employment with at least 80% attendance. If you're confirmed after probation, remember that the probation start date is the reference point for paid leave calculation.
Dismissal rules during probation vary by length of service. Within the first 14 days, advance dismissal notice is not legally required under the Labor Standards Act. However, after 14 continuous days of employment, the standard rules apply: 30 days' advance notice or payment of dismissal allowance equivalent to 30 days' average wages.
While rejection of permanent employment is permitted on broader grounds than standard dismissal during probation, legitimate reasons are still required. Recognized grounds from past court precedents include significant incompetence or work performance issues, discovery of falsified credentials, poor attendance (habitual unauthorized absences or tardiness), and serious violations of workplace rules or lack of teamwork.
Conversely, vague reasons like "just doesn't fit" or "not quite what we expected" are not accepted grounds. For competence-based rejections specifically, the company must demonstrate that adequate guidance and improvement opportunities were provided before concluding that improvement was unlikely.
If you believe you've been unjustly rejected for permanent employment, consider consulting your local Labor Standards Inspection Office or an attorney. Courts have ordered back pay from companies in cases where wrongful dismissal was recognized.
No law prohibits probation period extensions, so they are possible under certain conditions: the possibility of extension must be stated in work regulations, there must be a rational reason for extension, and the worker must be informed and consent obtained in advance.
Since extensions destabilize the worker's position, they should only be permitted in unavoidable circumstances. Typical valid reasons include inability to adequately evaluate due to extended medical leave during probation, or when improvement appears likely with additional observation time. Extensions cannot be made if work regulations don't include extension provisions.
"Trial career changes" and "trial employment" are often confused with probation periods. While both aim to verify the match between company and job seeker, their mechanisms and legal positioning are fundamentally different.
Probation periods are established after joining a company, when an employment contract is already in effect. Labor Standards Act protections apply, and social insurance enrollment is mandatory. Rejecting permanent employment requires rational grounds, making it difficult for companies to unilaterally end the arrangement. In essence, entering a probation period means you're already positioned as "an employee of the company."
Trial career changes (trial employment) allow you to experience a workplace's atmosphere and job content before formally joining. Periods typically range from 1 day to several weeks, and in most cases, you can participate without leaving your current job. Some arrangements take the form of side work or contract engagements, while others are conducted without compensation as part of the selection process.
The greatest advantage of trial career changes is discovering mismatches before committing to join. With probation periods, realizing "this isn't a fit" comes after signing an employment contract, creating significant burden for both parties. Trial career changes let you verify compatibility with minimal risk. Analysis shows that hires made through trial employment have lower turnover rates than standard hires.
Similar systems include government trial hiring and temp-to-perm (dispatch) arrangements. Trial hiring, administered by Hello Work (public employment service), involves fixed-term employment of typically 3 months to assess fitness, but requires meeting specific eligibility criteria (within 3 years of graduation without stable employment, 2+ job changes within 2 years, etc.).
Temp-to-perm dispatch involves a 3-6 month temporary contract with the intent of permanent hire. While similar to trial career changes in allowing fitness assessment during the dispatch period, a key difference is that you must leave your current job to participate. Trial career changes represent the lowest-risk option among these alternatives.
If you feel "this company isn't right for me" during probation, resignation is possible. Under Civil Code Article 627, Paragraph 1, for employment without a fixed term, you can resign 2 weeks after giving notice. However, if work regulations specify a notice period (e.g., "submit resignation at least 30 days in advance"), it's good practice to follow those rules when possible.
Many worry about how a short tenure appears on their resume. While brief employment may raise questions in future job searches, most hiring managers will understand if you can clearly explain your legitimate reasons. Making an early decision and moving forward with your career is often better in the long run than forcing yourself to continue in a mismatched role.
Here are key points for successfully navigating probation and securing permanent employment.
First, maintain strong basic work habits. Avoiding lateness and absences, consistently reporting and communicating, and maintaining professional appearance are highly valued fundamentals. Even if skills take time to develop, a sincere attitude earns positive evaluations.
Second, proactively communicate. Ask questions early when unsure, and demonstrate willingness to accept and act on feedback. Probation evaluates not just abilities but cultural fit — how well you integrate into the workplace.
Finally, use this period to evaluate whether the company truly suits you. Probation isn't just the company assessing the worker — it's also the worker's chance to assess the company. Carefully observe the actual work, workplace relationships, and company direction — the real information that wasn't available before joining.
Probation periods are designed for companies to assess employee fitness, but an employment contract is already in effect and worker rights are firmly protected. Legal protections during probation include mandatory social insurance enrollment, minimum wage compliance, paid leave calculation, and prohibition of dismissal without just cause.
If you want to prevent mismatches in the first place, leveraging "trial career changes" or "trial employment" before joining is highly effective. Rather than discovering after entering probation that "this isn't what I imagined," confirming workplace atmosphere and job content in advance dramatically increases your chances of a successful career change.
With a proper understanding of probation period mechanics and your rights, take confident steps toward your new career.
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