Probation Period Pay: Can an Employer Refuse to Pay You?

In the job market, employees are often offered an unpaid "probation period". This approach not only contradicts the law but also undermines the lawfulness of the relationship between employer and employee.

Armenian labor law is clear about probation period pay: a probation period is a full employment relationship, and the employer is obliged to pay the employee. The terms of a probation period may be no different from the general terms of employment. In other words, the regular working conditions agreed between the parties may be the same as they would be without a probation period, and that does not mean that no probation terms have been set.

In this article, we will look at:

• what a probation period is,
• what rights the employee has during it,
• how the results of a probation period are assessed,
• and what the consequences of not paying wages can be.

What Is a Probation Period in Armenia?⁠

A probation period may be set by agreement of the parties when the employment contract is signed. It may be set at the employer's request, to check whether the employee is suitable for the intended job (position), or at the request of the person being hired, to determine whether they are suitable for the job (position) offered.

But a probation period does not mean "unofficial work". It is a full employment relationship in which the employee has all the rights and bears all the obligations that the employer and the employee have within that same employment relationship.

• The employee performs work,
• the employer must sign an employment contract,
• and pay a salary.

Legal Basis⁠

Articles 13 and 14, as well as Articles 83–93, of the Labor Code of the Republic of Armenia (ՀՀ աշխատանքային օրենսգիրք) establish that employment relations are based on the mutual agreement of the employee and the employer, which sets out their duties and rights, the working conditions, and the rules for setting and assessing a probation period.

Article 84 of the Labor Code sets certain mandatory requirements for the content of the individual legal act on hiring and of the employment contract. The legislator has established that the employment contract states, among other things, the duration and terms of the probation period if one is set.

Key Features of Probation Period Terms⁠

• When the employment contract regulates all the terms of work in detail, setting probation terms that do not differ from the general terms of employment is also considered sufficient for the probation terms to be regarded as set.
  
  The contract must state who initiated the probation period.

• Part 2 of Article 93 of the Labor Code provides that if a probation period is set at the employee's request, the employee assesses its results, and the employer has no right to assess them.

What to Do If Your Employer Withholds Probation Period Pay⁠

If the employer does not pay during the probation period or offers you work without pay, this violates the law.

The employee can:

• apply to the Labor Inspection Body (Աշխատանքի տեսչական մարմին),
• or protect their rights in court.

Failing to pay an employee can lead to administrative liability and fines for the employer.

A probation period is a full stage of the employment relationship, not voluntary or "trial" unpaid work. The employee is entitled to their probation period salary from the very first working day.

Conclusion⁠

Clearly recording the terms of employment, explaining the probation terms and defining the assessment mechanisms not only protect the employee's rights but also give the employer a reliable, legally safe and complete employment relationship.

A probation period is a full stage of employment during which the employer must uphold the employee's rights and pay them in accordance with the law.

Read also about the differences between an internship and a probation period and about unfair dismissal. And you can work out your take-home pay with our salary calculator.

This article was published by HR Drone to raise awareness of employment law, to promote fairly organized probation periods and to help maintain healthy employment relationships.