Employment relations having existed with the transferor and continued with the transferee on the basis of legal succession, in the new but unnecessarily concluded employment contract, it is unlawful to set forth a probation period.
All the transferor's rights and duties relating to the transferring employees pass to the transferee. Under the Labour Code, the employees will benefit from the same terms and conditions and their continuity of employment will be preserved. The Supreme Court has confirmed that it is unnecessary to conclude a new employment contract when legal succession takes place. Consequently a new clause on probation period will be rendered invalid.
