When it comes to starting a new job, both employers and employees have certain obligations to fulfill.
In order to ensure a productive and mutually beneficial working relationship, it is often necessary to have a trial period to evaluate compatibility and performance.
This trial period, known as probation, allows employers to assess employees before confirming their appointment.
To navigate this crucial phase effectively, it is essential for employers to understand their rights and responsibilities.
This article provides guidance on managing employees who are on probation.
Understanding Probation
Probation refers to a test or trial period that new employees undergo to determine their suitability for a job.
The guidelines for probation and the rights and obligations of both parties are outlined in Schedule 8 of the Labour Relations Act 66 of 1995 (LRA) and the Code of Good Practice: Dismissal.
The Purpose of Probation
The primary purpose of placing a new employee on probation is to provide employers with an opportunity to assess their performance, suitability, and compatibility before confirming their appointment.
During this period, employers need to evaluate whether the employee can effectively fulfill their job responsibilities and integrate well within the organization.
Moreover, employers should guide and support employees during probation to ensure they have the necessary tools and knowledge to succeed in their role.
Determining the Duration of Probation
The Code does not specify a fixed duration for probationary periods. However, employers are responsible for deciding the length of probation and communicating it clearly to the employee.
The duration should be reasonable and relevant to the nature of the job, considering factors such as complexity and the employee’s prior experience.
For instance, a more challenging role or a position with less experienced candidates may require a longer probationary period.
Typically, probation periods range from 3 to 6 months.
Incorporating Probation into the Employment Contract
It is important to note that probation does not automatically form part of the employment contract.
Employers must explicitly include the probationary period in the contract of employment.
The contract should clearly state the duration of probation, as well as the start and end dates.
Employer’s Obligations During Probation
Employers have several responsibilities towards employees on probation.
To ensure a fair and effective assessment process, employers should:
Determine the duration of the probationary period before hiring the employee and communicate this in writing as part of the employment contract.
Have a comprehensive discussion with the employee before their appointment, outlining the job requirements, duties, and responsibilities.
Employees should disclose any skills they may lack, and employers should create a plan to assist them in acquiring those skills, including specific timelines.
Apply consistent probation conditions to all new employees in the same or similar positions, unless there is a justifiable reason for differentiation based on qualifications, experience, or skills.
Inform the employee about the performance evaluation process, including the frequency, assessors involved, and assessment methods.
Regularly check in with the employee during probation to assess their progress, provide feedback on their performance, and identify areas for improvement.
Offer guidance, counseling, and support to help the employee meet performance expectations.
Avoid waiting until the end of probation to address performance issues.
The purpose of probation is to guide and assist employees in improving their performance, so timely feedback on weaknesses is crucial.
Extend the probationary period if an employee has the potential to improve but requires more time to demonstrate satisfactory performance.
By adhering to these guidelines, employers can effectively manage employees on probation and make informed decisions regarding their continued employment.
In conclusion, probation serves as a crucial period for employers to assess new employees before confirming their appointment.
Understanding the purpose of probation, establishing a reasonable duration, and fulfilling the employer’s obligations will contribute to a fair and productive evaluation process. By