Dentists can find out which applicants are good and fit into the team by inviting candidates to a trial day. However, practice owners must observe a few rules of the game. The 7 most important questions and answers about the trial day in the dental practice.
Trial work is now common in many dental practices. A trial day not only gives the applicant an authentic insight into the day-to-day work in the practice, but also shows the boss and the permanent staff how the newcomer works and whether he or she fits in with them.
1 How should a taster day be classified legally??
Such trial days are correctly referred to as trial work or a so-called "empathy relationship". The empathy relationship is not an employment relationship. During a trial day, the applicant is therefore not subject to the boss's right of direction, does not have to perform any work or adhere to specific working hours.
2 How long may the trial work last?
A few hours to a few days. There is no uniform line in case law. Experts recommend setting the upper limit at a maximum of one week in order to prevent an employment relationship from being established unintentionally. Practice owners are on the safe side with periods of time over a few hours, for example, a morning or afternoon.
3 May an applicant trial work, although she is still employed as a ZFA in another practice?
The new employer will hardly be enthusiastic if the ZFA uses his or her skills in another practice. This
Competitive situations can have consequences under labor law under certain circumstances, as can trial work during working hours. Vacation days, on the other hand, should be used for an application and a short trial period at the new practice. As a result, however, this is not the problem of the new boss, but of the applicant.
4 Does the dentist have to pay the applicant for trial work?
Trial days are not an employment relationship and do not require work performance. Therefore, they are usually not remunerated. The employer can of course donate some money, but not as a salary, but as an expense allowance. It is important to clearly stipulate in an agreement that this is not remuneration for work performed. Of course, the minimum wage does not apply either.
5 What work may the new person take on?
On trial days, applicants are only allowed to take on smaller tasks so that it can still be considered an introductory relationship. A ZFA can be present at examinations or look over someone's shoulder at the computer. If the trial work goes beyond a sniffing and the applicant is integrated into practice and processes, it can happen that "tacitly" an employment relationship was concluded. Because it doesn't matter what you call it, but what really happens.
6 Who is liable for any damage caused by the applicant during the trial period?
If the applicant causes damage in the practice or even to a patient during the trial work, his or her private liability is responsible. It is therefore advisable to obtain written confirmation in advance that an appropriate insurance policy exists.
7 Which insurance takes effect in case of an accident of the applicant?
If an accident occurs during the probationary period, the statutory accident insurance usually applies. It can happen, however, that the health insurance company closely scrutinizes and checks the circumstances of the trial work. If it turns out that the applicant was acting on the dentist's instructions, she might suspect an implied employment relationship. He or she is then insured against accidents by law, but the practice manager must reckon with recourse claims from the employers' liability insurance association.
Please note: This article is for general information only and is not a substitute for legally binding information. For this reason, you should always consult your lawyer or tax advisor if you have individual questions regarding employment law.