What is Probationary Period Law For New Comers?

Employee Probationary Period Laws

What is the Probation Period For New Employees?
The probation period is a specific time frame where the employee is temporarily engaged by an organization to test his/her performance at a specific time from 1 to 3 months approx but the probation timeline varies by the organization. 


During this period, an employee's work performance for assigned tasks monitors by the organization. 

If the employee meets the expectations of the organization's desire in the probation period, the employee's job becomes regularize according to the organization's policy.

Either Party Can Resign From The Job Within Probation Period?
The probationary period allows the organization to terminate the employee who is not doing well at his/her job or is otherwise deemed not suitable for a particular position.

For employees, the probationary period is to see if they enjoy working with the organization and whether the employee is a suitable match for their skills and abilities. 

The probationary period for the lower level staff shall be one month to check the work progress results and the supervisor may extend the period for another additional 1 month to re-assess the employee's performance, 

If the employee's performance is still unsatisfactory, the organization has the sole authority to discontinue the employment contract of employment without any reason.

The supervisor shall check the staff's performance during the period on completion of the probationary period and shall be confirmed in his/ her job on the formal review by the immediate supervisor, endorsed by the head of the company. 


NEW HIRE PROBATIONARY PERIOD:

HIGHER MANAGEMENT– No probationary period is applicable (in case of a minimum of 10 years of relevant work experience in a similar or higher position)

MIDDLE-LEVEL MANAGEMENT–5 Months probationary period applicable (with less than 10 years of relevant work experience)

PROFESSIONAL-3 Months probationary period applicable (with less than 5 years of relevant work experience)

SUPPORT STAFF-1 Month probationary period applicable (with less than 3 years of relevant work experience)

In the case of an organization Contract employees being offered regular employment, the probationary period will be two (2) months.


Upon expiry of the probationary period, confirmations will be based on recommendations received from the line manager.

On expiry, based on unsatisfactory performance, the probationary period may be extended for another three months, at the Organization's sole discretion. 

The probationary period may further be extended beyond six months as the 
confirmation of the employment cannot be done due to ongoing investigations / disciplinary processes, at the organization's sole discretion.

Termination During Probation:
There are 2 types of termination stages. One is that usually given a straightforward statement or call on why the associate the employee is being terminated due to his/her low efficiency during the probationary period



Successful Probation Completion Letter


<Date>

Private and confidential

<Insert employee’s full name>
<Insert employee’s residential address>



Dear <insert employee name>



Successful Completion of Probation Period



Your probation period with <insert organization name and the section name of nature> is due to end on <insert probation period ending date>.



I am pleased to confirm your ongoing employment effective <immediately/from <insert date that is either on or before the first day after the probation period is due to end>>.


The terms and conditions of employment set out in your original <contract/letter of engagement> dated <insert date> will continue to apply to your ongoing position.

Thank you for your contribution to <insert business name>.

Yours sincerely,


<Insert name>

<Insert position>


Frequently Ask Questions

 

What is the Meaning of Employee Probation?

Probation refers to an initial testing employment period at the start of a full-time or part-time new inducted employee's association that is generally set out in their appointment letter. The Act refers to a Minimum Employment Period is determined by the amount of time the employee has worked in the business and the size of the business.

 

What is a Probation Period for Employees?

Probation periods are often implemented at the start of the employment relationship. They give an employer and employee an opportunity to check that employees are suitable for the role they've been hired to do.

 

Can an Employee fire without reason in a probation period?

Being on probation doesn't give you any specific legal rights. You can be dismissed with 1 weeks’ notice while you're on probation - or longer if your contract says you're entitled to more notice. Check your contract to see what it says about your probation period and when you can be dismissed.

 

How Can Employees pass the probation period?

Be resilient

Get the basics of self-care right

Get your work-life balance right

Use stress management techniques

Maintain a positive state of mind

 

Do 6 months probation period is legal?

There is no law determining the length of a probationary period. However, there is an expectation that the employer will be reasonable. It is typical for a probationary period to last no longer than six months, and three months where an employee is moving to a new post internally.

 

What is 3 month probation period?

A 3-month probationary period employment contract is a way for your employer to monitor your performance to assess your capabilities and appropriateness for the job. Once the probationary period is over, you might be eligible for other opportunities, such as a promotion, raise, or other position.

 

Can Employee leave a job without notice during the probation period?

If you want to leave your job you'll normally need to give your employer some warning. This is called your notice period. If you've been in your job for less than a month, you don't have to give notice unless the contract or terms and conditions require you to.

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