However, termination during the probation period must not be based on unfounded suspicions – it must pertain to the employment relationship and be based on something that has only become apparent after the work began. The reason for termination must be genuine and appropriate. A valid reason for termination during the probation period exists, for example, when an employee simply fails to perform their duties.
The situation becomes more complicated if the employer terminates the employment contract during probation after the employee has been on sick leave. In such cases, it is important to note that a probationary employment contract cannot be terminated on discriminatory or otherwise inappropriate grounds in terms of the purpose of the probation period. As a rule, an employee’s illness cannot be used as a valid reason for terminating their employment contract.
If an employee suspects that they have been discriminated against due to their health as a result of a probationary dismissal, they should first request an explanation from the employer regarding the grounds for the termination. If the employer cites the employee’s illness as the reason, the termination is usually unjustified.
However, in certain exceptional cases, illness may lead to the termination of employment. For the termination of employment to be lawful, the sick leave must have been long enough in relation to the overall working time that the employer has been unable to properly assess the employee’s performance and suitability for the job. Even then, the reason for termination is not the illness itself but the impact it has on the probation period and the employee’s ability to work.
Alternatively, the illness must be so long-term and significant in nature that it reduces the employee’s work capacity substantially or prevents them from continuing to work. Generally, a short sick leave cannot usually lead to termination during the probation period.
If the employer refers to reasons other than illness, it must be determined whether those reasons are genuine and appropriate – reasons that can justify termination during the probation period under the Employment Contracts Act. If the employee can present probable causes to why the real reason for termination was discriminatory or inappropriate, the employer is obligated to prove that the grounds were legitimate.
If there is any uncertainty about the reason or legality of a probationary termination, it is advisable to contact a Tehy expert. You can do so through Tehy’s member services.
More information about the probation period can also be found in Finnish in Tehy’s Working Life Guidebook.
(This previously published blog was updated on 2 July 2025)
