Is It Legal to Extend a Probationary Period

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If you set probationary periods for your employees (or casual workers), you must confirm them in writing no later than the first day of work (e.g. in a written contract). The information you provide to them must include all the conditions attached to the trial period and its duration. There is no law mandating the minimum or maximum length of a probationary period, although for most permanent positions it takes between 3 and 6 months, leaving enough time for a series of performance reviews at fixed intervals. The initial probationary period then results in the employee successfully passing their probationary period, failing and usually being terminated on short notice, or extending their probationary period for another period. The probationary period clause should explicitly stipulate that the employee is deemed to have completed his probationary period only if he receives written confirmation from the employer; Otherwise, the probationary period may inadvertently expire and the employer may not be able to extend the probationary period. It is also likely that the employee will have an incentive to raise the issue of probationary period if the employer has accidentally forgotten about it because the employee probably wants his or her position confirmed. The decision to extend a new employee`s probationary period is usually only made if the employee needs more time to assess the suitability of their new employee. This can have a number of common but common reasons: Ultimately, a well-worded probationary period clause protects employers in the unfortunate event that the person they hire doesn`t match the person they met during the interview. In addition, there is the harsh reality that, in practice, nearly one in five new employees do not overcome their probationary period or extend their probationary period. Given these concrete facts, employers are better able to resolve problems if the employment contract includes a well-drafted explicit evidentiary clause. Employers who wish to include a probationary clause in their employment contract should note the following.

More specifically, the completion of a probationary period could be interpreted in such a way that the company can no longer dismiss the employee without just cause. Proponents of abolishing probationary periods argue that workers are subject to the same standards of performance and behaviour throughout their jobs; As a result, no probationary period is required and there is no impact on workers` job security at the end of the probationary period. In practice, this option deprives the employer of the ability to assess the employee over a longer period of time, when significant investments may have already been made in recruitment and training, and hiring a replacement can double these costs. Our employment contract templates offer you the option to set a trial period for new employees. For more information on including probationary periods in your contracts, see our questions and answers on employment contracts. Probationary periods are common and start on the first day of a new employment contract and usually last between three and six months. They are designed to assess a new employee`s suitability for the position for which they were hired, but also to see if they are a good fit for the company. Any issues must be adequately addressed by the hiring manager before deciding to extend the probationary period. Here are some practical tips on how to effectively manage a probationary extension to give the employee every opportunity to address any outstanding concerns: Your employee`s probationary period is over. It`s time to look back on their progress. Your process should give you time to do their.

To avoid the problem of convincing an employee to accept, make sure their contract states your right to extend a probationary period. In our experience, some, but not all, contracts deal with the extension of the probationary period. This is usually at the discretion of the employer, although the probationary period may be extended by a certain period. Some contracts also stipulate that the probationary period must be considered continuous until the employer notifies the employee that it has been successfully completed. In these cases, employees should be informed of the reason for an extension, the new expiry date and what is expected of them to complete the extended probationary period. If, at the end of the probationary period, you decide that your employee has failed and that you are going to terminate his contract, you must inform him personally during your final review interview. You must conclude after the meeting with a written confirmation after the meeting containing practical information about the end of the employment relationship. This sample letter will help you. This article is an excerpt from Chapter 1 of 101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline & Termination, Third Edition (Amacom/SHRM, 2017), written by Paul Falcone.

This is the third part of a three-part series on progressive discipline and its legal considerations. 2. Allow the employee to pass the probationary period: Employers may choose to take a risk by retaining employees beyond the designated probationary period. However, employers usually trigger a longer notice period in the employment contract.