A probationary employment contract must be presented in a written format that states the dates when an employment probationary period begins and ends. This contract must be presented to the new employee within 90 days, and must be done before the employee performs any work for the employer. If required, the Puerto Rico Secretary of Labor and Human Resources may extend the contract an additional 90 days. Employment establishments with employees that are members of a labor union may execute an extension through a collective bargaining agreement, which can also be written, with the employer.
Probationary periods vary depending on employment classifications. Under the Fair Labor Standards Act (FLSA), an automatic 12-month period is applied to employees classified as professionals, administrators, and executives. All other employees are given a 9-month probation period. During the given term, employers are relieved of all potential liability to compensate the employee if the employment relationship is terminated before the expiration day.
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