The "6 month rule" for probations
28/04/2026
Historically, many Irish employers used 11-month probations to delay full employee rights. That era is over. Under the European Union (Transparent and Predictable Working Conditions) Regulations 2022, most private-sector probations are now capped.
The Statutory Limit: A probation period cannot exceed 6 months for most employees.The Exception: It can only be extended to 12 months in very limited, "exceptional" circumstances (such as a long absence like sick leave) where it is clearly in the employee's interest.
The Fixed-Term Trap: If you have a fixed-term contract, the probation must be proportionate to the contract's length. You cannot put a person through a new probation for the same role if their contract is renewed.
The Risk: If your contracts still say "9-month probation" by default, that clause is likely legally unenforceable.