Abstract:

In this study, the author analyzes the legal regime of the probation period in the Romanian legal system. This institution of labor law is very important for the business environment, because it refers to the selection of employees, a decisive element for the success of a business. Particularity of regulations of this important institution of labor law will be analyzed, both theoretically and practically. The analysis will reveal how to regulate the most efficient methods of personnel selection. The probation period, which in terms of the legal regime is a termination clause of the contract, has a special regulation in the Romanian Labor Code, which was subject to certain amendments in 2011. The legal regime of probation period as we will present in this study, must be partially amended to ensure the equitable applicability of this labor law institution. The probation period, although it does not create a substantive difference regarding the general legal regime applicable to employees, still transforms the individual employment contract into a precarious contract, due to the fact that the employee has not the guarantee of job stability. In this context, certain measures for the protection of employees in the probation period must be adopted by the legislator, or by the social partners through collective labor agreements. From this perspective, this paper will also include de lege ferenda proposals, designed to improve regulation of the legal regime of the probation period in Romania.