In anticipation of our upcoming video, I have loaded a new document to assist Employers – a word document containing my recommended probationary period clause. This clause contains five sections that summarize the requirements of both Employers and Employees during the probationary period. It is my belief that contracts of employment should provide clarity on what either party can expect from the other (this may aid in preventing some unnecessary labour disputes). My contract clause is written to detail what Employees can expect from Employers, but also to remind Employers what their responsibility is during this period. In addition to this, the clause refers to the extension of the probationary period. In the upcoming video I answer the question “can probation be extended and if so, how? “.
The probationary period clause document can be downloaded HERE.
I am aware that many Employers appoint Employees on fixed term contracts to evaluate their performance or “fit” and then issue them with a new contract once they have completed the initial period. In the upcoming video I address this and I will make a longer video about fixed term contracts in future, but for now my recommendation is as follows:
Recommendation: Fixed Term Contracts & Probation
I recommend that Employers issue one contract prior to commencement of service or on commencement that includes a provision that covers the initial period / probationary period rather than using two contracts. I do not recommend that Employers use fixed term contracts for probation and I am of the opinion that the use of a fixed term contract for probation does not offer any benefits to Employers nor does it exempt them from the requirements as detailed in the Labour Relations Act (and accompanying codes of good practice) to fairly terminate the employment relationship at the end of the initial period.
In the upcoming video I detail all the requirements before, during and at the end of the probationary period to assist Employers to comply with the relevant labour laws, and to assist Employees to know what to expect or to ask for if they are not being offered support in the initial period.
Employment Relations Videos
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