A trial period deemed too long

A trial period deemed too long

My son has started an apprenticeship as a mechanic with a small company. Initially, the trial period was not set out in the contract, but my son was later told by his employer that it would be six months, which seems a long time for a two-year contract. Does he have the right to do this?

V., Geneva

The apprenticeship contract is a legal relationship that is similar to an employment contract, but differs in that its purpose is training. The Code of Obligations sets out its own provisions in articles 344 et seq. The Federal Law on Vocational Training and the relevant cantonal laws may also apply. Under this contract, the apprenticeship master undertakes to train the apprentice to practise a given profession in accordance with the rules of the trade in question. The apprentice undertakes to work to complete the training.

The apprenticeship contract is for a fixed term and terminates automatically on expiry, without the need to terminate it. However, it may be terminated for good cause at any time. Its main feature is that it must be in writing, unlike an employment contract, which may be concluded orally. The written document must specify the nature and duration of the vocational training, the salary and trial period, the working hours and holidays.

The trial period may not be less than one month or more than three months. If nothing is stipulated in the contract, the latter period applies. In exceptional circumstances, the probationary period may be extended to six months if both parties so wish and the competent cantonal authority gives its consent. This change must be made before the end of the probationary period. Furthermore, since the contract must be in writing, any subsequent amendment to its terms is subject to the same requirement.

It seems that your son's employer has not observed these rules. The trial period of the contract is three months, as it is not specified in the written document. The apprentice master cannot unilaterally decide to extend the trial period to six months without the agreement of the apprentice and the cantonal authorities, in compliance with the written form. These few explanations should convince him that the contract cannot be modified in this way, and we wish your son and all Tribune readers an excellent 2020!