In accordance with Article 28 of the Labor Code of Turkmenistan, when concluding an employment contract, by agreement of the parties, in order to verify the compliance of the employee with the work assigned to him, a probationary period may be established. The probationary period should not exceed three months, and for heads of enterprises and their deputies, chief accountants and their deputies, heads of branches, representative offices and other separate structural divisions of enterprises – six months, unless otherwise provided by the legislation of Turkmenistan.
- The period of temporary disability of the employee and other periods of his actual absence from work shall not be included in the probationary period.
- The condition of the probationary period must be specified when hiring. The absence in the order (instruction) of a condition on a probationary period means that the employee has been accepted without a preliminary test.
- During the probationary period, the labor legislation of Turkmenistan, as well as the terms of the collective agreement (agreement), apply to the employee. The probationary period counts towards the duration of working period.
- The employer has the right to terminate the employment contract with an employee who has not passed the test before the expiration of the probationary period, notifying him of this in writing no later than three calendar days before the termination of the employment contract. In this case, the employer is obliged to indicate the reasons that served as the basis for recognizing the employee as not having passed the test. The decision of the employer may be appealed by the employee to the court.
- If the employment contract is not terminated during the probationary period, then the employee is considered to have passed the test, and subsequent termination of the employment contract is allowed only on general grounds.
- If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three calendar days in advance.
Source: Labor Code of Turkmenistan
