Induction and probationary period: legal nuances and practical advice

What does the word ‘adaptation’ mean?

Adaptation (Latin adaptatio, from adapto — ‘I adapt’) is the process of an object adapting to the conditions in which it finds itself. The same word is also used to describe the result: the state in which adaptation has already taken place. A third meaning refers to the action of adapting an object to specific requirements or for use in particular conditions. This is how the term is defined by the Encyclopaedia of Modern Ukraine (EMU).

In simple terms: adaptation is when you get used to something new and start to function normally within it. A new city, a new school, a new team or a new job — these are all situations involving adaptation.

The ‘Dictionary of the Ukrainian Language’ gives only one meaning of the term (marked ‘biol.’) — the adaptation of organisms and sensory organs to their environment. In contrast, the ESU interprets the concept more broadly: from biology to psychology, sociology and labour law. This is not a contradiction, but a difference in the scope of the concept: the word originated in biology and later spread to the social sciences.

Types of adaptation

The ESU contains separate articles for five types of adaptation. For each type, the encyclopaedia specifies exactly who is adapting and to what.

Biological terms such as ‘morphological’ or ‘physiological adaptations’ of animals and plants belong to the school biology curriculum.

Physiological adaptation

Physiological adaptation — the organism’s adjustment to changed conditions: a different climate zone, time zones, heat, cold or a lack of oxygen. In biology, this refers to an increase in an organism’s resistance to stressors. The ESU gives three examples from human life: immunity, the increase in muscle strength in athletes, and the brain’s ability to process larger volumes of information.

The encyclopaedia distinguishes between:

• active and passive adaptation (an example of passive adaptation is hibernation);

• immediate and long-term.

The ESU refers to the body’s overall response to any strong stimulus as general adaptation syndrome, that is, stress.

Three levels of adaptability are distinguished:

1. Insufficient — the body functions less effectively in new conditions;

2. Satisfactory — it functions as usual, but expends too much energy;

3. Optimal — it functions with minimal expenditure of resources.

Psychological adaptation

Psychological adaptation refers to the aggregate characteristics of a person that describe their resilience to environmental conditions and their level of adaptation to them. The ESU emphasises: this is a two-way process, meaning that it is not only the individual who is studied, but also their interaction with the environment. Such adaptation is a continuous process, but is most noticeable during radical changes in life.

This two-way nature has practical implications: it is not only the newcomer who adapts, but also the group — to the newcomer’s needs, interests and character. Psychological adaptation is facilitated by reflection, empathy and social feedback.

There is no single classification. The ESU identifies several bases for classification:

• By orientation: professional and socio-psychological;

• By degree: high, medium, low; complete or incomplete;

• By quality: active, passive, conflictual, feigned;

• By the location of the process: within the psyche (intrapsychic) or through actions that alter the environment (allopsychic).

Signs that a person has adapted: self-confidence, an appropriate sense of self-worth, responsibility, the ability to overcome obstacles, a sense of emotional well-being and the absence of stress.

Maladaptation

Psychologists refer to ineffective adaptation as ‘maladaptation’. According to the ESU, it arises due to distorted or underdeveloped perceptions a person has of themselves, or as a result of an organic or mental illness. The effectiveness of adaptation depends on how accurately a person perceives themselves and their social connections.

Social adaptation

Social adaptation is the adjustment of an individual or group to their social environment. According to the ESU, its mechanism involves the convergence of an individual’s and a group’s values, the assimilation of norms, traditions and customs, and the definition of one’s role.

The Encyclopaedia distinguishes between two types:

• Active — when an individual influences their environment;

• Passive — when they conformistly adopt the decisions and values of those around them.

The state supports social adaptation, in particular through employment legislation: amendments under Law No. 2622-IX of 21 September 2022 provide for support for unemployed people ‘who require assistance in adapting to labour market conditions’.

Cultural adaptation

• In a broad sense: the process by which society and its individual members adapt to the natural environment, and the reciprocal influence of society on that environment. Culture serves as the mechanism for this adjustment.

• In the narrow sense: the integration of an individual or group into another ethnoculture, and the assimilation of behavioural norms within the new community. The process is two-way: the individual assimilates new norms whilst simultaneously influencing the environment themselves. It is predominantly experienced by external migrants. For those who once lived in Ukraine and have returned, the ESU uses the term ‘ethnocultural readaptation’.

Professional adaptation: what it means in a new job

Professional (occupational) adaptation is the process or result of an employee adjusting, during the initial period of employment at a specific organisation, to the specific features of the workplace and the organisation of work (ESU definition).

Adaptation at work does not end after the first few months. According to the ESU, employees change on average between 4–5 and 7–8 occupations over the course of their working lives, so professional adaptation continues from the first job right through to retirement.

What does a new employee adapt to?

The ESU identifies five components of professional adaptation:

1. General cultural values and norms of professional practice;

2. Professional technical and technological procedures (how exactly to carry out the work);

3. Physical conditions and working patterns at the workplace;

4. Cultural norms and values of a specific organisation or firm;

5. Interpersonal relationships within the immediate work group (your team).

You can use this list as a guide: if you’re finding your new job difficult, identify exactly which of the five points is causing the problem.

Stages of professional adaptation

The first few days in a new role constitute Stage 3. The Concept of the State Career Guidance System (approved by a Cabinet of Ministers resolution dated 27 January 1994) identifies professional adaptation as a component of career guidance alongside career information, counselling and selection.

What helps with adaptation

Internal factors:

• adequate vocational training and suitability for the job;

• responsibility, quick-wittedness, independence;

• creative initiative, professional mobility, a desire for self-education;

• communication skills, tolerance, a willingness to compromise.

External factors:

• support from colleagues and mentors;

• the regulatory framework, labour market conditions;

• the company’s HR policy (in particular, a well-organised onboarding process).

The law does not specify how long the induction period at work should last. Figures such as ‘three months’ or a breakdown into ‘30/60/90 days’ are not found in primary legal sources. Only the probationary period has a clearly defined duration.

Induction and probationary period: what’s the difference?

Popular articles often equate the ‘induction period’ with the probationary period. Under the Labour Code, these are different things. The concept of ‘adaptation’ does not appear in the Labour Code at all, whereas the probationary period is enshrined in law and has clear boundaries.

Who is exempt from a probationary period

As a general rule (Article 26 of the Labour Code), a probationary period may not be imposed on:

• persons under the age of 18;

• young workers upon completion of vocational training and educational institutions and young graduates from higher education institutions;

• persons discharged from military or alternative service;

• persons with disabilities referred for employment in accordance with the recommendations of the Medical and Social Expertise Commission;

• persons appointed to a post and successful candidates in a competitive selection process;

• those who have completed a work placement away from their main job;

• pregnant women, single mothers with a child under 14 years of age or a child with a disability;

• employees on fixed-term employment contracts of up to 12 months, for temporary and seasonal work;

• internally displaced persons (IDPs);

• in the event of recruitment to work in another locality or transfer to another organisation.

What happens after the probationary period

• If the probationary period has ended and you continue to work, you are deemed to have passed the probationary period. You may only be dismissed after this on general grounds (Article 28 of the Labour Code).

• If the employer has determined that you are unsuitable for the post, they have the right to dismiss you, provided they give you three days’ written notice. Such a dismissal may be challenged in court.

• The probationary period does not include days when the employee did not actually work (for example, whilst on sick leave). These days postpone the end date of the probationary period (Article 27 of the Labour Code).

What the employer is obliged to do in the first few days

The law does not require a mandatory ‘induction programme’, but it does establish two specific obligations for the employer.

1. To inform the employee of the terms and conditions of employment BEFORE they commence work (Article 29 of the Labour Code)

The employer is obliged to inform the employee, in an agreed manner, of:

1. Place of work, post and list of duties, and start date;

2. Designated workstation and work equipment;

3. Rights, duties and working conditions;

4. The presence of hazardous and harmful occupational factors and the right to benefits — against signature;

5. Internal work regulations, working hours, rest periods and the collective agreement;

6. Completion of training in health and safety, industrial hygiene and fire safety;

7. Information on vocational training (if provided for);

8. Duration of annual leave, terms and rate of pay;

9. Notice periods for termination of the employment contract.

2. Conduct health and safety training

In accordance with Article 18 of the Law of Ukraine ‘On Occupational Health and Safety’, employees, upon being taken on, undergo at the employer’s expense induction and training on occupational health and safety, the provision of first aid and rules of conduct in the event of an accident.

Reasonable accommodation: adapting the workplace

When it comes to people with disabilities or special educational needs, the environment is adapted to the individual. The legal term for this is ‘reasonable accommodation’.

• In the workplace: In accordance with Article 2 of the Convention on the Rights of Persons with Disabilities and the Law of Ukraine No. 875-XII, reasonable accommodation means making the necessary modifications that do not impose a disproportionate burden on the employer. An unjustified refusal to provide such accommodation is considered discrimination.

• In education: The concept is enshrined in Articles 1 and 20 of the Law of Ukraine ‘On Education’ No. 2145-VIII and guarantees the right to inclusive education without discrimination.

Adaptation of first-year pupils at school

For Year 1 pupils in the New Ukrainian School (NUS), the Ministry of Education and Science has approved methodological guidelines regarding the adaptation period (Ministry of Education and Science Order No. 923 of 20 August 2018).

Key practices for the first month:

• Creating an atmosphere of acceptance, trust and getting to know one another;

• Teaching based on weekly themes (‘I am a schoolboy/schoolgirl’, ‘Our class’, ‘My friends’, ‘My environment’);

• Conducting ‘morning circles’, and working in pairs and groups;

• Conducting a significant proportion of lessons outdoors and whilst on the move;

• Close cooperation between the teacher, parents, healthcare professionals and the school psychologist.

Checklist: the first few days at a new job

• Check the 9 points of Article 29 of the Labour Code: ensure that you have been informed of your duties, working conditions, pay, holiday entitlement and working hours.
• Familiarise yourself with the appointment order: check whether it includes a provision regarding a probationary period.
• Check the length of the probationary period: no more than 3 months (or 1 month for blue-collar roles).
• Bear in mind the situation during martial law: bear in mind that during a period of martial law, a probationary period may be imposed on any category of employee.
• Calculate the end date of the probationary period: add to the period any days when you were not actually working (for example, due to sick leave).
• Complete health and safety training: ensure you have received health and safety and first aid training (at the employer’s expense).
• Arrange for reasonable accommodation (if necessary): if you require special workplace arrangements due to a disability, submit a request to your employer.
• Obtain your job description: clearly establish your daily tasks and scope of responsibility.
• Identify your mentor: find out which of your colleagues will help you with work-related issues during your first few weeks.

Onboarding as a profession: HR vacancies on Injobe

HR specialists are responsible for onboarding new employees in companies. Vacancies in this field are listed under the heading ‘Recruitment, HR’.