What Applies to Probationary Employment? – Here Are All the Answers

What Applies to Probationary Employment? – Here Are All the Answers

Hiring the right employee is vital to your business's success, but finding the perfect fit can be challenging. Someone who seems like a perfect match during the interview process can turn out to be completely unsuitable in practice. This uncertainty can even lead to delayed hiring decisions, causing missed opportunities for growth. To simplify the process and reduce the risk, probationary employment offers a valuable solution. It allows employers to evaluate a candidate’s performance and compatibility before committing to a permanent position. In this article, we’ll show you how to effectively use probationary employment as part of your hiring strategy.

Probationary Employment - A Chance to Ensure the Right Person for the Job

A probationary employment period is a unique opportunity to evaluate an employee before offering a permanent position. It gives you as an employer the flexibility to end the employment without the need to justify the reason, which is a significant difference compared to terminating permanent employees. Always start a new employment with a probationary period to make sure you have the right person in the right role.

Don't Forget to Evaluate the Employee During the Probationary Period

Many employers become so focused on filling a vacant position that they overlook the importance of monitoring and evaluating the employee during the probationary period. Time can slip by, and decisions about permanent employment may be made without a clear assessment of the employee's performance. To avoid potential long-term issues, make it a priority to thoroughly evaluate the employee's progress throughout the six-month probationary period.

How to Terminate a Probationary Employment

If you decide not to extend a probationary employment, you must provide the employee with written notice at least two weeks before the probationary period ends, but no later than the final day of the period. In practice, this means you must continue paying their salary for an additional two weeks from the date of notification. If the employee is a union member, the union must also be informed, and the employee has the right to request a consultation.

An employee has the right to terminate their probationary employment without a notice period unless otherwise agreed. If you wish to end the probationary employment earlier than planned, the same rules apply. You are not required to provide reasons for the termination, but they must not be discriminatory.

If you are covered by a collective bargaining agreement, it is common for the notice period for probationary employment to be longer, such as 1 month instead of 2 weeks. Make sure to check what applies under your specific collective agreement.

Should Probationary Employees Be Included in the Order of Priority List During Workforce Reductions?

If you wish to offer a probationary employee a permanent position despite a workforce reduction, the probationary employee must be included in the order of priority list. However, there are rules that allow exceptions in these cases.

Typically, employers choose to end probationary employment before laying off permanent employees. In such instances, probationary employees do not need to be included in the order of priority list.

Is it Possible to Offer a Fixed-Term Employment After a Probationary Period?

If, during the probationary period, you realize that you might not be able to offer a permanent position, you can terminate the probationary employment according to the rules and offer a new contract in the form of a specific fixed-term employment. You will need to create a new agreement. A specific fixed-term employment automatically converts into a permanent position after 12 months, but the time spent as a probationary employee does not count toward the total duration.

5 Quick Facts About Probationary Employment

1. A probationary period is an opportunity for you to test an employee before offering a permanent position. The probationary period can be quickly terminated, and you do not need to provide a reason for ending it.
2. A probationary period is a type of employment that often transitions into a permanent position. It’s important to include the probationary period and its duration in the employment contract.
3. The probationary period can last up to a maximum of 6 months. It is uncommon to extend a probationary period, and extensions are only accepted in certain cases, such as when the employee has been on sick leave for most of the period, making it difficult to evaluate their performance.
4. A probationary employment can be terminated early, but you must give 2 weeks notice, no later than the last day of the probationary period. The notice must be in writing, and you must also inform the employee’s union.
5. If you have a collective bargaining agreement, the rules in the agreement apply. Make sure to know the regulations regarding probationary employment.

Additional Information About Probationary Employment

Employment Protection Act