A trial period is voluntary and must be agreed in writing by both you and the employer. It can only be offered to someone who was not previously employed by the company. An employer with 19 employees or less may be granted a trial period of up to 90 days, provided that this is agreed in the written employment contract before the worker starts working. For a better understanding of the trial period, look at this sample employment contract. Our Builder Employment Contract can help you write a test time rule for an employment contract. The written employment contract must be signed by you and the employer at the beginning of your negotiation. Unfortunately, most probation officers have few rights in the absence of discrimination. So try to negotiate as much as possible in advance before you make a deal. Where a worker is a trade unionist employed under a collective agreement, he or she cannot have a trial period (in its individual terms and conditions) incompatible with the collective agreement. If, for example.B. in the collective agreement, it is stipulated that a worker cannot be employed during a trial period, he cannot have a trial period in his individual form. From your point of view, it may seem that this regulation clearly benefits the employer, and for the most part.
Finally, by agreeing to a trial period, you lose most of the property rights and rights you would enjoy as a permanent employee. A working time also gives you the opportunity to test the waters. If you find that you are dissatisfied with the job, you will feel less obliged to stay if you are only there temporarily. The employer is not obliged to indicate the reasons for dismissal or to give the worker the opportunity to speak before the dismissal during a trial period, but it is good practice to tell the worker why he is fired and the employer must give a reason if the worker requests it. In such cases, the worker may make a personal complaint against the employer and the employment agency may invalidate the probation period. If the trial period is not going well and the employer decides to dismiss the employee, the employee must inform the worker that he or she is being dismissed. Simmons v Collins Stainless Steel Fabricators Ltd is an example of the second reserve and was decided after Smith v Stokes Valley. In this case, the court found that the worker was prevented from filing a personal complaint of unfair dismissal. This was despite the havings of them, which included the trial period (which they had received copy of before the start of work), after they started working. The Tribunal found that the difference was that prior to the start of labour, the worker had been informed that his employment was subject to a 90-day trial period and that he had accepted it. The moral of the story is — if you want, as an employer, to trust a 90-day trial period, make sure that each new employee signs their employment contract, which contains the trial period before the work begins. While you may still be protected if a staff member has not signed an agreement within this time frame, it is clear that you must (at least) ensure that the employee has obtained a written agreement with the trial period, that the trial period has been explicitly brought to the attention of staff and that they have approved it.
All this before they get into work.