At the conclusion of an employment contract, the employer and the worker may agree on a period within which both parties can terminate the contract at any time with immediate effect: the trial period. However, it is not permissible to include a probation clause in a fixed-term contract for less than six months. When an employment contract is concluded for more than six months, a trial period of up to one month can be agreed. A trial period of up to two months may be included in indeterminate employment contracts. A trial period applies only if it has been agreed in writing and (2) identical for both parties. Provision 11: Alternative dispute resolution. In the event of a dispute over the employment contract, employers often require an investment before one of the parties can complain. This promotes an honest out-of-court debate and saves considerable time and justice costs. If mediation does not solve the problem, some contracts require that the dispute be resolved through binding arbitrations, not litigation, for a more useful and cost-effective solution. Labor and labor lawyers across the country took note when the U.S. Supreme Court recently decided not to consider an appeals court decision regarding work leave. The Court of Appeal found that a multi-month leave of absence is not adequate housing under the Americans with Disabilities Act (ADA).
Adequate housing is defined as a change in the duties of a staff member that allows an employee with a disability to perform his or her work. The decision was made by the Seventh Circuit Court of Appeals, which includes Illinois, Indiana and Wisconsin. The applicant in Severson v. Heartland Woodcraft, Inc. asked the Supreme Court to decide whether a leave of more than one month is appropriate accommodation under the ADA. Mr. Severson had taken a 12-week leave of absence under the Family and Medical Leave Act (FMLA) to deal with severe back pain. At the end of the 12-week FMLA period, he had back surgery and told his employer that he could not work for two to three months during his rest period. The employer denied his application and then resigned. Mr. Severson filed a complaint against his employer and argued that they had violated the ADA by not granting the additional leave as appropriate accommodation. The court granted the employer`s request for a summary decision, a judgment rendered by the court without a full procedure.