Pay During Probation: When Employers May Legally Offer a Lower Salary

During a probationary period, employees are entitled to the same labor rights and guarantees as other staff members. However, their salary level may differ depending on the pay system applied at the enterprise, the Federation of Trade Unions of Ukraine explains.

Under Article 26 of the Labor Code of Ukraine, an employment contract may include a probationary period to assess whether an employee is suitable for the position. This condition must be explicitly stated in the hiring order.

Importantly, labor legislation fully applies to employees during probation. This means they are entitled to wages, leave, and all other statutory labor guarantees on equal terms with other employees.

At the same time, salary levels are determined by the company’s internal pay system. According to Article 97 of the Labor Code, enterprises independently establish wage structures, salary scales, bonuses, and other payments through collective agreements, in compliance with national labor standards.

If a specific salary is set for a position in the collective agreement and staffing schedule, the employer is required to pay that amount even during the probation period.

However, lower pay during probation may be lawful in cases where flexible or “range-based” (banded) pay systems are used. In such systems, each position is assigned a salary range rather than a fixed amount.

In practice, employees on probation are often assigned the minimum salary within the established range. After successfully completing probation — or after a certain period of employment, such as six months or a year — their salary may be increased within that range.

All conditions for setting and reviewing salaries must be clearly defined in internal company documents, including the collective agreement, remuneration policy, and staffing schedule.

The Federation of Trade Unions emphasizes that any differences in pay for employees holding the same position must be justified, properly documented, and must not violate labor rights.