Monday 13 March 2017

Extension of employee probationary period

Extension of Probationary Period of Employees, Legal? How to pass your probationary period? What does probation period mean? If the employee suffers a long leave of absence, you might decide that an extension will give them the time needed to meet your review criteria.


You will have only introduced an extension to make up for the lost time.

How long should a probation period extension be? Use a probation period extension letter to tell an employee how long. Where a probationary employee is not achieving the standards of performance or conduct that you expect, you might wish to consider extending their probationary period. In this case, you will first need to check the position on extension under the employee ’s contract of employment. It is also likely to encourage the employee to raise the issue of their.


You are advised to show significant improvement in your performance during this extended period. We would like to offer an extension of your current period for another (three) months effective from the expiry of your original probationary period. Within this months, we shall assess and evaluate your performance and you will also be working closely with your superior to closely monitor your work and advise improvement accordingly.

If the contract allows for the probationary period to be extended this can only be done for a short period and specific reasons for the extension given. One reason for this may be because the employee has had a period of absence and therefore not had the opportunity to complete the objectives outlined at the start of the employment. Statutory notice applies as a minimum, although the employment contract may stipulate a longer period of notice, with which the employer must comply. If the employee has taken less statutory holiday than he or she has accrued during the probationary period , the employer should make a payment in lieu of untaken holiday, on termination. Dismiss the employee before the probationary period ends: an employer could seek to terminate the employee ’s employment in line with their contract.


In most circumstances, this is relatively low-risk from a legal perspective. The employee will not have, for example, the requisite years’ continuous service to bring an unfair dismissal claim. There is no requirement to follow a lengthy.


During this period your performance has been assessed against the Company’s standards of conduct, attendance and job performance. The purpose of a probationary period is to allow a specific time period for the employee and employer to assess suitability of the role after having firsthand experience. On the one hand it gives the employer opportunity to assess objectively whether the new employee is suitable for the job taking into account their capability, skills, performance, attendance and general conduct. By voluntarily agreeing to an extension of the probationary period , Dequila ( employee ) in effect waived any benefit attaching to the completion of said period if he still failed to make the grade during the period of extension. The Court finds nothing in the law which by any fair interpretation prohibits such a waiver.


And no public policy protecting the employee and the security of his tenure. If it is clear that the employee is not suited to the job, termination before the end of the probationary period is an option. Employees should be given a fair opportunity to reach the required standard of performance and conduct during the probationary period , but in some situations it will be clear that the employee will not be able to do.

A probationary period can help both the new employee and the employer to focus on what needs to be done to ensure that the employee performs well in the role. Traditionally, the purpose of a probationary period is to allow the employer and the employee to assess each other and the position, and if the employee is not suited to the position or the business (or vice versa), either party can end the employment within the probationary period for any reason. This extension might be.


It’s crucial to emphasise that this is not a negative thing – you have not been able to provide the usual induction and support during the probationary period , and you want to ensure the employee has a good opportunity to perform well and to give evidence of good performance. So the extension is not a negative thing, it is for the benefit of both parties.

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