Extending probationary period alberta

Can I extend my probationary period? What is probationary period? How long does a probationary period last? Can employer trigger a longer notice period? Normally, the length of this extension would not exceed the length of the original probationary period.

Much like the probationary period itself, the right to extend a probationary period is not automatic and must be set out in the original employment agreement. Failure to stipulate a right to extend the probation period can result in a constructive dismissal of the employee and give rise to an action in damages. The employee’s length of service is the time that they’ve worked for the employer, which can include more than one period of employment if the breaks between periods are not longer than days.

In some instances, employers may need more time to assess a new employee and therefore wish to extend probation. How does this work in practice? Extending a probationary period Of course, there will be some occasions where an employer might need a little more time to assess an employee’s suitability for the role. To that en the probationary period clause should expressly state that the employer has the right to extend the probationary period by the same period again. Rather, the clause should clearly state that the employee can be dismissed without cause or notice during the first days of employment.

The clause can also provide the employer with the right to extend the probationary period. However, the minimum notice requirements of applicable legislation must be met. British Columbia: months.

New Brunswick: months. Newfoundland and Labrador: months. Northwest Territories: days. Nova Scotia: months. Can my employer extend my probation period ? It is possible for your employer to extend your probation period , but only in certain circumstances.

The right to extend the probationary period may also be found in a written employment contract. If an employment agreement does in fact contain an explicit right to extend the probationary period , employers can extend them provided that they comply with any contractual requirements for such extensions. Extended Probation Completion Letter This Extended Probation Completion Letter Template is a letter script that will be used by your Managers and HR staff to provide employees with formal, written confirmation of successful completion of a probationary period that was extended due to performance that did not meet expectations. The letter must state the length of the extension , the new or current terms (expectations) of the probationary period , and that the employee will receive notice, or compensation in lieu of notice, if he or she is not successful during the probationary extension as set out in the Alberta Employment Standards.

Agree an extension : employees may agree to vary their contract to extend the probationary period , as this offers them an opportunity to prove their value to the employer. If this option is being considere we recommend ensuring that the discussion happens in good time before the original probationary period expires. If you are on probation for a period of months, you are not entitled to any notice. If you work months to years, you must receive at least days written termination notice. A – An employer can extend the probationary period and we suggest reserving this right in an employment contract.

However, an employer cannot avoid the minimum notice requirements under the ESA. An employee who has worked more than months and less than a year is owed one week notice of termination (or one week pay in lieu of this notice). Terminations and temporary layoffs The probationary period is changed from three months to days.

It is especially important for employers to properly document and implement probation terms because of the way courts treat dismissed short-term employees. 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.